Senior Advocate of Nigeria (SAN) and public commentator, Dr. Monday Ubani, has criticized the lifetime no-fly ban imposed on Ms. Comfort Emmanson by the Airline Operators of Nigeria (AON), calling the sanction unconstitutional, excessive, and lacking due process.
Dr. Ubani explained that the ban came amid a surge in disruptive behaviors by domestic airline passengers, including incidents involving Fuji musician Wasiu Ayinde Marshal (Kwam 1) and Ms. Emmanson, both accused of violating aviation rules and disrupting flights.
While Kwam 1 was reportedly given a six-month no-fly suspension by the Nigerian Civil Aviation Authority (NCAA) and the Minister of Aviation, Festus Keyamo, Ubani highlighted that the indefinite, industry-wide ban placed on Ms. Emmanson by AON “raises serious legal, procedural, and constitutional questions.”
He noted that the sanction violates Section 36(1) of the 1999 Constitution, which guarantees every individual the right to a fair hearing before a lawful court or tribunal.
“The AON’s unilateral decision to impose a lifetime ban without giving the passenger an opportunity to respond breaches the principle of audi alteram partem (the right to be heard),” Ubani stated.
Further citing Section 41 of the Constitution, which protects freedom of movement within Nigeria and internationally, Ubani said that while an airline can refuse service for safety reasons under its contract with passengers, an industry-wide lifetime ban imposed by a trade body effectively acts as a nationwide travel ban with far-reaching consequences.
Ubani emphasized that only the NCAA, created under the Civil Aviation Act, has the authority to regulate civil aviation and impose sanctions.
“NCAA regulations allow denial of boarding for safety reasons but do not empower AON to enforce indefinite, nationwide bans,” he added. He also pointed out that in countries like the United States, no-fly lists are government-controlled, legally regulated, regularly reviewed, and come with appeal rights.
Regarding Ms. Emmanson’s case, Ubani noted she has been charged and remanded in custody pending trial for an offense that is bailable.
“Until a court determines guilt, imposing an indefinite, industry-wide punishment is premature,” he stressed.
Ubani recommended that if a passenger’s conduct threatens flight safety, airlines and AON should offload the individual, report the case to Aviation Security and the Nigerian Police, pursue prosecution under relevant laws, and if necessary, obtain a court order restricting travel.
“Only the NCAA should administer industry-wide bans, and there must be a right to appeal,” he insisted.
The SAN warned that allowing a trade association to mete out such harsh penalties without judicial oversight risks bias and abuse.
He also cautioned against punishing individuals based on past incidents involving other public figures without judicial verdicts, calling it “reputational punishment without proof.”
While condemning unruly behavior on flights, Ubani underscored the importance of fairness and due process.
“One party cannot act as accuser, prosecutor, and judge. Without fairness, justice is absent,” he said.
He added that Ms. Emmanson has the right to seek redress at the Federal High Court, requesting a declaration that the ban is unconstitutional and invalid, as well as damages for breach of her fundamental rights.
