RIGHTS AND COMPENSATION WHERE PASSENGER(S) DOMESTIC FLIGHT IS CANCELLED BY AN AIRLINE COMPANY: A LEGAL SCRUTINY
By Oliver Azi
In Nigeria, the aviation industry is regulated by various laws and regulations. Passengers also have rights that are rightly protected by the laws and regulations. The primary laws that govern the aviation industry in Nigeria are the Civil Aviation Act 2022 (CAA) and the Nigerian Civil Aviation Regulations 2015 (NCAR), with other ancillary legislation.
The Nigerian Civil Aviation Regulation's Part 19 (which would herein be referred to as “NCERs”) states, among other things, that passengers have the right to refund and compensation in the event that their flight is delayed or cancelled as stipulated in s. 19(8) NCERs. Cancellation of flight is provided for by the provision part 19(7) NCERs.
The provision of part 19.7.1(iii) of the NCERs justifies this assertion and made provision for where flight has been cancelled and the applicable remedy:
(iii) In respect of domestic flights, have the right to compensation by the operating air carrier in accordance with Section 19.10 unless they are informed of the cancellation at least twenty-four hours before the scheduled time of departure
The Supreme Court made a pronouncement on the liability of airline to its passengers or customers in the case of Harka Air Serv. Nig. Ltd v. Keazor (2011) 13 NWLR (Pt. 1264) 320 where it held that:
An airline’s liability to its passengers or customers could arise as a result of:
(a) injury sustained on board an aircraft;
(b) or death arising from the course of a journey;
?(c) damage to or loss of goods; or????????????
(d) delayed or denied boarding; or interactions in the course of preparing for(e)or the actual conduct of flight operations.
Also, the court in Emirate Airline v. Ngonadi (2014) 10 NWLR (Pt. 1413) 506 held further that:
Airlines can incur?liability?for delayed or denied boarding. In this case, the appellant was clearly in breach of the contract with the respondent when it refused to board her in the aircraft on 17th December 2007. The respondent was right in contending that the refusal of the appellant to carry her in the said flight was a breach of a fundamental term of the contract of carriage, the appellant having failed to show a valid reason for denying the respondent boarding. The appellant adduced no justifiable reason for its refusal to board the respondent.
It is important to be aware that Part 19 of the Nigerian Civil Aviation Regulation covers all travelers leaving from any airport in Nigeria, travelers arriving in Nigeria from another country, and travelers on international airlines having layovers in Nigeria. ?
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The regulation is not silent with regards to compensation accrued to a passenger where a flight has been cancelled or delayed; it provides in part 19.8.1 of the NCERs states eloquently that:
19.8.1. Where reference to compensation is made in this section, passengers shall receive at least (i) 25% of the fares or passenger ticket price for all flights within Nigeria. (ii) 30% of the passenger ticket price for all international flights.
Hence, by the forgoing, a matrimony of the regulation and decided cases, it will show that an airline is liable where it cancels or delays the flight of a customer arbitrarily; however, where notice is been given at least 24 hours? before the cancellation of the flight in domestic cases, the such cancellation is justified. Furthermore, the regulation makes provision for compensation to be accorded to the passenger over the said cancellation.
The Constitution of the Federal Republic of Nigeria 1999 (as amended) (“Constitution”) places aviation matters within the exclusive jurisdiction of the National Assembly.? The National Assembly re-enacted the principal legislation governing the aviation industry, which is the Civil Aviation Act 2022 (“CAA 2022”).? The CAA 2022 recognizes that the Federal Ministry of Transportation is responsible for the formulation of policies and strategies for the industry.? In addition, the CAA 2022 retained the Nigerian Civil Aviation Authority (“NCAA”), which was originally established by Decree 49 of 1999, as the regulator for technical and safety issues in the industry.?
The NCAA is empowered under the CAA 2022 to make regulations on various issues including aircraft registration, air navigation services, airworthiness standards, aviation safety and security, commercial air transport, personnel licensing, aerodrome and airspace standards, and the provision of allied aviation services. The NCARs 2015 made pursuant to the now repealed CAA 2006 remain in force.
The CAA 2022 did not retain the Accident Investigation Bureau (“AIB”).? Instead, the AIB has now been re-established and renamed the National Safety Investigation Bureau (“NSIB”) under the new National Safety Investigation Bureau Act 2022 (“NSIB Act”). Unlike the AIB which could only investigate accidents and incidents arising out of or during air navigation in or over Nigeria, or occurring to Nigerian-registered aircraft elsewhere, and/or where the interest of Nigeria is involved, the NSIB can, also, investigate accidents and incidents in the maritime, rail, and road industries.
Primarily, the CAA 2022 and the NCARs 2015 govern air safety in Nigeria, which is administered by the NCAA.? Part 20 of the NCARs 2015 addresses the safety management requirements in conformity with the standards and recommended practices of the International Civil Aviation Organisation (“ICAO”). Nigeria also subscribes to the standards and recommended practices of the Banjul Accord Group Aviation Safety Oversight Organisation for regional safety.
Other legislation includes:
Conclusion
By virtue of the preceding argument in this work, it is eloquently clear that passengers have a right to be notified as well as a right to compensation where this right was not actualized in event of air travel transaction. Also, this work has reflected the legal framework that governs the aviation industry in Nigeria.
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Oliver Azi is a law finalist at the University of Jos, interested in legal research and writing. He can be reached via Linkedin or email @ [email protected]
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10 个月Beautiful read, shows how much we can take advantage of regulation in compensating victims of cancelled fights,also rather taking the long routes to court, going through the tribunals make it easy for problems to be investigated and victims compensated
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10 个月Let me save this, just in case ??
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10 个月Thank you for the insight, but how effective are these laws in Nigeria, and are there cases whereby people have sought justice for delayed flights when they sue?
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10 个月Thank you sir Oliver for this insightful piece!