By
Fawaz Adediran
1.0 Introduction
The sky is boundless, the heavens are endless, so are the laws which are countless. Law is an integral part of the human society that defines our conduct and regulates the behavioral interactions amongst the inhabitants of such society. Knowing that law touches on every area of human life, inclusive of our operations within the skies. The law also regulates manner of operations in the air. In essence, this is widely regarded as aviation law. The purpose of aviation law is to lay the guidelines for safe air travel, protect passenger rights, and also ensure that the companies within the industry comply with the laws. That said, this article shall examine the nuances of aviation law in Nigeria and make references to notable provisions that are relevant to the protection of passenger rights.
In legal parlance, receivers of legal services are often regarded as clients, while in the aviation sector, persons who make use of aeroplanes and air carriers are regarded as passengers. Thus, it is expedient to note that the law exists to protect the rights of these passengers. On further analysis, an industry can not operate without its key players. The key players in the aviation sector are generally regarded as air carriers who obtain licences from relevant regulatory bodies and comply with global travelling standards.
2.0 An Overview of the Nigerian Aviation Law
An attempt to examine the extant regulatory frameworks in the Nigerian aviation sector would be incomplete without making references to its legal progeny. Standardized aviation regulations can be traced to the Civil Aviation Act of 1949 in England. Due to colonialism at the time, this act became effective in Nigeria as a result of Article 3 of the Colonial Civil Aviation Order of 19521. Over the years, there have been several improvements to these regulations and there are more recent enactments in this regard. The all-encompassing statute, the Constitution, in Schedule II, Part 1, Item 3, has set matters concerning the aviation sector to be dealt with by the National Assembly. This connotes that the Legislature, in line with Section 4 of the Constitution, shall have the power to legislate on matters concerning aviation in Nigeria. It is noteworthy to state that the Legislature has, thus, put this power into effect and promulgated Acts with the most recent being the Civil Aviation Act of 2022. Indubitably, there are other Acts and statutes which would be examined accordingly in subsequent paragraphs of this work.
2.1 Nigeria Civil Aviation Act, 2022
The Civil Aviation Act of 2022, also known as “CAA 22” is often regarded as the compendium of rules and regulations guiding the aviation sector in Nigeria. With recent amendments made in 2022, from the previous version in 2006, it is poised to be reformatory. It has been duly stated in Section 3 that the Ministry of Transportation shall be actively involved in the formulation of policies for the aviation sector in Nigeria. For elucidation, it is thus reproduced;
The Minister shall be responsible for the formulation of policies and strategies for the promotion and encouragement of civil aviation in Nigeria and the fostering of sound economic policies that assure the provision of efficient and safe services by air carriers and other aviation and allied service providers as well as greater access to air transport in a sustainable manner and to assist with ensuring that Nigeria’s obligations under international agreements are implemented and adhered to.
Furthermore, the Act recognizes the Nigerian Civil Aviation Authority which shall be the principal regulatory body for the sector. The Nigeria Civil Aviation Authority, (also “NCAA”) was first established by Decree 49 of 1999. Its major roles are to issue licences to air carriers, examine the airworthiness of air carriers, ensuring that aircraft and aerodromes comply with aviation security and safety measures. This recognition is afforded constitutional legitimacy through the provision of Section 4 of CAA – There is established an autonomous body to be known as the Nigeria Civil Aviation Authority (in this Act referred to as “the Authority”). In addition, the NCAA is charged with the responsibilities of registration and inspection of aircraft in Nigeria. Apart from issuance of licences, the NCAA also validates, renews and extends licences6.
2.2 Nigerian Civil Aviation Regulations, 2015
Another major body of rules in the Nigerian aviation sector is the Nigerian Civil Aviation Regulations of 2015. It is also known as NCAR 2015. These regulations basically serve as guidelines towards ensuring compliance with the provisions of the Civil Aviation Act, 2022. It provides standardized procedures for airline safety and management that are in tandem with the Chicago Convention. The provisions of Order 1.1.1.2 states that the regulations applies to all persons operating or maintaining a Nigeria registered aircraft; aircraft registered in another contracting State that is operated by a person licensed in Nigeria, and aircraft of other contracting States operating in Nigeria8. Furthermore, the aforementioned global safety requirements are outlined in Part 20 of the NCARs, which are also in conformity with the practices of the International Civil Aviation Organization.
2.3 Federal Airport Authority of Nigeria Act, 1996
The aviation sector would undoubtedly not exist without airports, which facilitate air travels. This depicts the pivotal roles of airports and consequently, the need to maintain and improve airport facilities. Without proper airport facilities, air travelling would be frustrated on all fronts which would be a perplexing situation for the aviation sector at large. Therefore, there are regulations put in place to ensure that these airports are managed and effectively maintained. This is within the ambit of the Federal Airport Authority of Nigeria ( “FAAN). The Federal Airport Authority of Nigeria Act of 1996 exists to lend credence to the establishment of this regulatory body through Section 1 of the Act. Section 3 of FAAN Act 1996 outlines the functions of FAAN to include:
(a) to develop, provide and maintain at airports and within the Nigerian air space all necessary services and facilities for the safe, orderly, expeditious and economic operation of air transport; b)to provide adequate conditions under which passengers and goods may be carried by air and under which aircraft may be used for other gainful purposes, and for prohibiting the carriage by air of goods of such classes as may be prescribed; (c) to prohibit the installation of any structure which by virtue of its high position is considered to endanger the safety of air navigation; (d) to charge for services provided by the Authority at airports; (e) to provide accommodation and other facilities for the effective handling of passengers and freight; (f) to develop and provide facilities for surface transport within airports; (g) to carry out at airports (either by itself or by an agent or in partnership with any other person) such economic activities as are relevant to air transport; (h) to carry out at airports (either by itself, its agents or in partnership with any other person) such other commercial activities which are not relevant to air transport but which in the opinion of the Authority may be conveniently carried out without prejudice to the functions specified in this subsection; (i) to provide adequate facilities and personnel for effective security at all airports; and (j)generally to create conditions for the development in the most economic and efficient manner of air transport and the services connected with it.
2.4 Nigeria Airspace Management Act, 1999
Beyond the physical facilities that are utilized in the aviation sector, there are other areas that affectively need to be managed and reasonably controlled. By this, the article makes reference to aeronautical telecommunications and even airspace management and traffic management. It is no news that aviation services are offered to passengers all around the globe, signifying a logically large amount of air traffic. It is then the duty of the Nigerian Airspace Management Agency ( “NASMA”) to oversee these areas. The Nigerian Airspace Management Act of 1999 has been promulgated to act as the lawful guiding force for the actions of NASMA. Furthermore, its functions, as stated in Section 7 of the Act, include:
Provide air traffic services in Nigeria, including air traffic control, visual and non-visual aids, aeronautical telecommunications services, and electricity supplies, to enable public transport, private, business, and military aircraft to fly as safely as possible. To provide aerodromes at all the major Nigerian airports, the navigation services necessary for the operation of aircraft and taking-off and landing, and integrate them into the overflow of air traffic within the Nigerian airspace. To require persons engaged in or employed in connection with air navigation services, to supply meteorological information for the purpose of air
navigation as may be appropriate from time to time. To hold meetings with the armed forces on Nigeria’s international obligations as they relate to civil and military coordination, etc.
3.0 Conclusion
This article has, to a large extent, examined the various regulatory frameworks for Aviation law in Nigeria.
Noteworthy is the fact that these regulatory bodies work hand-in-hand with the International Civil Aviation Organization (ICAO). Also, it should be noted that Nigeria is a signatory to the Chicago Convention, which is the guiding legal force behind ICAO. Undoubtedly, recent changes and developments have been effectuated as seen in “CAA 22”. However, a lot more has to be done, particularly in ensuring that the air carriers comply with the law and more importantly, safeguard the rights of passengers. Oftentimes in Nigeria, there have been disturbing news of cancelled or rescheduled flights. There is an urgent need to put in place stringent rules for compensation and apply other social control mechanisms. Overall, the Nigerian aviation sector is continually growing and needs to be at pace with its counterparts within the global economy.
References
- Omoleke I.I, (2019), “Legal policy and aviation industry in Nigeria: Constraints to optimal safety of air transportation”. African Journal of Political Science ISSN 3461-2165 Vol. 13 (3), pp. 001-014, March, 2019.
- <https://www.mondaq.com/nigeria/aviation/1379862/advancing–nigerian–aviation–a–comprehensive–analysis–of–thetransformative–changes–in–the–civil–aviation–act–2022> Accessed on January 6, 2024.
- Resolution Law Firm,(2021), “Nigeria: Laws & Regulations Governing Aviation In Nigeria”. <https://www.mondaq.com/nigeria/aviation/1047432/laws—regulations–governing–aviation–in–nigeria-> Accessed on January 6, 2024.