AON Lacks Power To Impose ‘No Fly’ Ban On Emmanson Or Anyone, Says Lawyer

A LEGAL practitioner, Pelumi Olajengbesi, has picked holes in the Airline Operators of Nigeria (AON) placing of Comfort Emmanson on “no fly” list, following her alleged unruly behaviour on an Ibom Air flight, saying it lacks the legal authority, under Nigerian law, to do so.
In a statement on Monday, August 11, Olajengbesi described the ban as reckless and unconstitutional, insisting: “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.”
While stressing that such actions violate the fundamental rights of the individual concerned, the lawyer stated that the only statutory body authorised to issue and enforce nationwide flight restrictions is the Nigerian Civil Aviation Authority (NCAA), as outlined in Sections 31 and 32 of the Civil Aviation Act, 2022, noting that the AON has no mandate to abridge the constitutionally guaranteed right to freedom of movement, under Section 41 of the 1999 Constitution (as amended).
He also criticised the hurried arraignment and remand of Emmanson, saying the “hasty arraignment and subsequent remand of the lady, without affording her adequate time and facilities to prepare her defence, constitutes an abuse of the judicial process and a blatant violation of her constitutional right to fair hearing, as enshrined in Section 36 of the 1999 Constitution (as amended).”
Olajengbesi cautioned that such procedural shortcuts undermine public confidence in the justice system and erode the rule of law, stressing: “In every dispute, there are always two sides to the coin.
“Not even a native doctor can definitively determine who is right or wrong without properly hearing from both parties. Justice must remain the bedrock of our society, anything less is an invitation to lawlessness.
“Nigeria is gradually sliding into impunity, with individuals and associations feeling entitled to make proclamations as if the country were a banana republic.”
Recall that the AON, while describing Emmanson’s behaviour as “not just disruptive, but a sustained, violent attack” that endangered not only the lives of those on board, but also the integrity of the aircraft itself, announced that she had been placed on its “no fly” list indefinitely.
This ban prohibits her from flying with any AON member airline, domestically or internationally, according to its spokesperson, Professor Obiora Okonkwo, who restated that such behaviour would no longer be tolerated in the country’s aviation industry.
Recalling similar incidents earlier, involving Fuji musician, King Wasiu Ayinde Marshal (KWAM 1 or K1 De Ultimate) and Senator Adams Oshiomhole, AON urged the Federal Airports Authority of Nigeria (FAAN) to urgently review and tighten security protocols across all airports.