Senior Advocate of Nigeria (SAN) and human rights advocate, Dr. Monday Ubani, has strongly criticised the lifetime no-fly ban reportedly imposed on Ms. Comfort Emmanson by the Airline Operators of Nigeria (AON), describing the measure as unconstitutional, excessive, and devoid of due process.
The ban comes amid heightened concerns over unruly passenger behaviour in Nigeria’s aviation sector, with recent incidents involving Fuji musician Wasiu Ayinde Marshal (popularly known as Kwam 1) and Ms. Emmanson. While Kwam 1 allegedly received a six-month no-fly sanction from the Nigerian Civil Aviation Authority (NCAA) and the Minister of Aviation, Festus Keyamo, Ms. Emmanson was reportedly placed on an industry-wide lifetime blacklist by AON.
Ubani, in a statement on Monday, argued that the sanction against Ms. Emmanson violates fundamental constitutional provisions. He cited Section 36(1) of the 1999 Constitution, which guarantees the right to a fair hearing before a court or tribunal established by law.
“The AON’s unilateral action, without affording the passenger an opportunity to be heard, breaches the principle of audi alteram partem,” Ubani said.
He further pointed to Section 41 of the Constitution, which guarantees freedom of movement within and outside Nigeria. While acknowledging that individual airlines may lawfully deny carriage for safety reasons under contractual rights, he contended that “an industry-wide lifetime ban by a trade association amounts to a de facto travel ban with national and international consequences.”
According to Ubani, only the NCAA — established under the Civil Aviation Act — has the legal authority to regulate civil aviation and coordinate sanctions across the industry. “NCAA regulations allow denial of boarding for safety reasons but do not empower AON to impose indefinite, nationwide sanctions,” he emphasised.
Drawing comparisons with international practice, the SAN noted that in countries like the United States, no-fly lists are managed by government agencies, governed by statutory frameworks, and subject to periodic reviews and appeals.
Ubani also highlighted that Ms. Emmanson has already been arraigned and remanded pending trial for an alleged bailable offence, stressing that any indefinite industry-wide punishment before a court verdict is “premature and unjustifiable.”
He recommended that where a passenger’s conduct poses a safety threat, airlines should offload the passenger, involve Aviation Security and the Nigerian Police Force, pursue prosecution under the Civil Aviation (Security) Regulations or the Criminal Code, and, if necessary, obtain a court order imposing travel restrictions.
“An industry-wide ban should only be NCAA-administered, with a right of appeal,” Ubani insisted, warning that allowing a trade association to unilaterally impose such penalties without judicial oversight “sets a dangerous precedent for bias and abuse.”
While condemning unruly behaviour on flights, Ubani stressed the need for balance and fairness in disciplinary actions. “One party cannot be the accuser, prosecutor, and judge. Without fairness and due process, justice is missing in action,” he said.
The SAN added that Ms. Emmanson could challenge the ban at the Federal High Court, seeking a declaration that it is unconstitutional and void, alongside claims for damages over breach of her fundamental rights.
