16/08/2025
The Ibom Air passenger incident has raised serious questions regarding compliance with aviation safety rules, human rights, and due process. While the passenger, Ms. Comfort Emmanson, allegedly breached several provisions of the Civil Aviation Regulations and the Criminal Code, the airline and its staff also stand accused of excessive force, humiliation, and violation of constitutional rights. This analysis outlines the applicable provisions of law, the offenses, and the corresponding penalties for both parties.
👩✈️ Passenger’s Offenses
1. Refusal to Obey Safety Instructions
Provision: NCAR Part 20.11.2 – passengers must comply with crew instructions for safety.
Offense: Disobeying order to switch off phone before takeoff.
Penalty: Fine up to ₦2,000,000 or 2 years imprisonment, or both.
2. Assault on Crew
Provision: NCAR Part 20.11.3(b); Criminal Code Act, Section 351 – prohibits assault.
Offense: Slapping crew member and tearing off wig.
Penalty: Imprisonment up to 3 years (Criminal Code); and under NCAR, fines up to ₦5,000,000 plus possible ban from flying.
3. Attempted Use of Dangerous Equipment (Fire Extinguisher)
Provision: NCAR Part 20.11.3(c); Criminal Code Act, Section 320 – prohibits threatening violence with a weapon.
Offense: Attempting to use fire extinguisher as a weapon inside the aircraft.
Penalty: Up to 14 years imprisonment (if seen as endangering life) and aviation fines exceeding ₦5,000,000.
4. Obstruction of Security / Resistance
Provision: NCAR Part 20.11.4; Criminal Code Act, Section 98 – prohibits resisting lawful authority.
Offense: Struggling with security personnel after landing.
Penalty: Up to 2 years imprisonment or ₦500,000–₦2,000,000 fine.
🛫 Airline / Staff Offenses
1. Excessive Force & Humiliation
Provision: Constitution Section 34(1)(a) – no person shall be subjected to inhuman or degrading treatment; NCAR 20.13.1 – only “reasonable force” allowed when restraining passengers.
Offense: Public stripping and rough handling beyond necessity.
Penalty: Civil liability – damages (₦5m–₦50m depending on court ruling); NCAA can sanction airline or suspend staff.
2. Denial of Fair Hearing (Lifetime Ban Without Process)
Provision: Constitution Section 36(1) – right to fair hearing; NCAR Part 19.6 – requires fairness in passenger complaints/discipline.
Offense: Imposing and publicizing lifetime ban without giving passenger a chance to defend herself.
Penalty: Court can order ban lifted and award compensation; NCAA may fine airline up to ₦2,000,000.
4. Public Shaming / Privacy Breach
Provision: Constitution Section 34(1)(a) – dignity must be respected; NCAR Part 19.7 – airlines must protect passenger privacy.
Offense: Circulation of humiliating images and videos of the passenger.
Penalty: Civil damages for breach of dignity/privacy; NCAA fines or other sanctions.
Conclusion
The incident reflects dual breaches: the passenger endangered flight safety and violated criminal laws, while the airline overstepped by infringing constitutional rights and consumer protection standards. The penalties under Nigerian Civil Aviation Regulations and the Criminal Code show that both parties are liable — the passenger to criminal prosecution and fines, and the airline to civil damages, regulatory fines, and disciplinary action.
This case underscores the need for balance between aviation safety enforcement and respect for human rights, and highlights why the Federal Government and NBA intervened to restore fairness while calling for retraining of airline/security staff.
