A Nigerian legal practitioner, Pelumi Olajengbesi Esq., has faulted the Airline Operators of Nigeria’s (AON) decision to impose a lifetime no-fly ban on a passenger accused of assaulting Ibom Air crew members, describing the move as unconstitutional and beyond the group’s legal powers.
In an interview with Nairametrics on Monday, Olajengbesi, the Founder of Law Corridor, said actions like the AON’s lifetime ban risk encouraging a culture where non-regulatory bodies and private associations take the law into their own hands, bypassing due process and undermining constitutional safeguards.
He emphasised that under Nigerian law, only the Nigerian Civil Aviation Authority (NCAA) is empowered to issue and enforce nationwide flight restrictions, as provided in Sections 31 and 32 of the Civil Aviation Act, 2022.
“I wish to state categorically that no provision of the Civil Aviation Act, 2022, nor any other extant law in Nigeria, empowers the AON, a mere voluntary trade association, to impose a No Fly ban on any individual. Such an action is reckless and an affront to the Nigerian Constitution, particularly the fundamental rights of the affected individual.
“The only body legally empowered to issue and enforce nationwide flight restrictions is the Nigerian Civil Aviation Authority (NCAA), pursuant to Sections 31 and 32 of the Civil Aviation Act, 2022. AON is not a statutory regulator and has no legal mandate to unilaterally abridge the constitutionally guaranteed right to freedom of movement under Section 41 of the 1999 Constitution (as amended),” Olajengbesi argued.
Olajengbesi also criticised the reported hasty arraignment and remand of the accused passenger, Ms. Comfort Emmanson, without sufficient opportunity to prepare her defence, saying it violated her constitutional right to a fair hearing.
He stressed that while unruly conduct should be punished under due process, only the NCAA is legally empowered to impose flight restrictions across the industry.
Nigerians react
The decision by AON has sparked mixed reactions among Nigerians on social media.
Some, like Olayinka (@BelloYinka72), criticised the penalty as excessive.
“This is absurd. Nobody should be banned from flying for the rest of their lives. Accepted, she made a mistake; a life ban is excessive. A six-month or one-year suspension is acceptable,” he wrote on X.
Others, such as Eddy Franklin (@_Eddyfranklin), questioned AON’s legal authority to take such action.
“Correct me if I’m wrong, but the AON has absolutely no power to impose a no-fly ban on any Nigerian. Only the NCAA can. Unless we’re talking about member airlines.”
Some focused on how the incident was handled. Timmy Olaniran (@Timmyolaniran) argued that poor conduct by aviation staff played a role in escalating the situation.
“Nigerian aviation workers remain some of the most unprofessional in the world… Physically restricting that lady from leaving the plane in that manner was crude and bound to escalate the matter into chaos.”
Others took a more nuanced stance. E.J. (@Enwagboso) stressed that passengers must follow crew instructions—especially on safety matters—and condemned any physical assault on airline staff. However, he also faulted the professionalism of those who removed the passenger and pointed out inconsistencies in how such incidents are handled in Nigeria.
He noted that:
- Switching a phone to airplane mode might seem sufficient, but crew protocols require phones to be completely off. Ignoring this is a safety risk.
- No passenger should personally enforce such rules; the crew should handle it.
- The way the woman was removed lacked professionalism and dignity.
- Assaulting the crew is unacceptable and must be punished.
- If high-profile individuals in similar cases were treated leniently, authorities should explain why this case is different.
Backstory
Olajengbesi’s remarks follow AON’s announcement earlier on Monday that Emmanson had been banned from flying with any member airline, domestically or internationally, for life.
The group condemned her conduct as one of the most severe cases of unruly passenger behaviour in 2025 and said similar actions would attract the same penalty.
- According to AON, the ban was in response to an incident on Sunday, August 10, 2025, when Emmanson allegedly attacked Ibom Air’s Purser after the aircraft landed at Murtala Muhammed Airport, Lagos, from Uyo.
- The airline said she had earlier refused to switch off her phone before take-off, and upon arrival, stepped on the Purser, tore off her wig, removed her glasses, and repeatedly slapped her.
- Ibom Air added that the passenger also assaulted another crew member, attempted to seize a fire extinguisher, and attacked security staff, including the ground supervisor, before being restrained and handed over to the Nigeria Police Force by Federal Airports Authority of Nigeria security officers. The airline permanently banned her from flying on its aircraft.
The management of Murtala Muhammed Airport Terminal Two (MMA2) confirmed the incident, stating that Emmanson also assaulted its aviation security personnel and FAAN officers during processing. It warned that violent passengers face immediate detention, prosecution, and possible restriction from airline and airport facilities.
She was later reported to have been charged and remanded at the Kirikiri correctional centre in Lagos on Monday.
1) Agreed that AON has no authority to impose the lifetime (or any) ban, but the airline certainly does – and that’s the case with carriers globally.
2) There’s nothing wrong with ‘restraining’ or even ‘detaining’ an unruly passenger until the authorities or security arrive. In the US, we’ve even seen unruly passengers bound with tape or other restraints!