League for Social Justice Statement on the Ibom Air Incident: Safety Must Not Come at the Expense of Rights

The League for Social Justice (LSJ) notes with concern the recent events surrounding the removal and prosecution of a passenger on an Ibom Air flight from Uyo to Lagos, as well as the subsequent decision by the Airline Operators of Nigeria (AON) to impose an industry-wide lifetime ban on the individual.

LSJ reaffirms that air safety regulations are non-negotiable. The safety of crew, passengers, and aircraft operations must remain paramount, and individuals who willfully violate safety instructions, particularly those that interfere with flight crew duties, must face appropriate legal consequences under the Civil Aviation Act and other applicable laws.

However, safety enforcement must always operate within the bounds of law, proportionality, and respect for fundamental rights.

We express deep concern over three critical issues arising from this incident:

1. Due Process and Proportionality

   While each airline may independently deny carriage to an individual for safety reasons, an industry-wide, indefinite ban imposed by a private association without statutory authority, notice, hearing, or an appeal mechanism amounts to a form of extra-judicial punishment.

   Sanctions of this nature should only be administered under a clear legal framework, ideally a regulated “No-Fly List” managed by the Nigerian Civil Aviation Authority (NCAA) or the Federal Airports Authority of Nigeria (FAAN), with defined criteria, proportional timelines, and avenues for review.

2. Violation of Privacy and Dignity

   The public leak of video footage showing the passenger in a state of undress was an egregious breach of the Nigeria Data Protection Act (NDPA) 2023 and a potential violation of constitutional rights under Sections 34 and 37 of the 1999 Constitution (as amended).

   While the recording of evidence for investigation is legitimate, its unauthorized dissemination, particularly where it results in humiliation, is wholly unacceptable. LSJ calls for a full investigation into the source of the leak, sanctions for any responsible parties, and the institution of mandatory privacy-protection protocols for evidence handling.

3. Regulatory Gaps and Public Trust

   This incident exposes systemic weaknesses in how unruly passenger cases are handled, from in-flight restraint to prosecution, to post-incident communication. These gaps erode public trust and risk turning legitimate safety concerns into episodes of public spectacle.

   LSJ urges FAAN, NCAA, and other stakeholders to accelerate the ongoing review of unruly passenger protocols and to include civil society input in developing a rights-compliant enforcement framework.

Our Position:

Safety and rights are not mutually exclusive. Nigeria’s aviation sector can, and must, protect its passengers and crew without abandoning the principles of fairness, dignity, and lawful process. As an organization committed to Sustainable Development Goal 16, promoting the rule of law, protecting fundamental freedoms, and ensuring accountable institutions, LSJ stands ready to contribute technical expertise to help develop a balanced, rights-respecting policy on unruly passengers.

Our Call to Action:

• The NCAA and FAAN should formalize a national No-Fly List policy with clear offences, proportional sanctions, maximum terms, and appeal rights.

• The NDPA Bureau should investigate the privacy breach and apply sanctions where appropriate.

• Airlines should adopt mandatory crew training on lawful restraint and evidence management, aligned with human rights obligations.

• Government and industry should engage civil society stakeholders in designing enforcement mechanisms that uphold both safety and justice.

The League for Social Justice will continue to monitor developments and advocate for a solution that safeguards both the safety of the skies and the rights of all who travel within them.

Dr. LaBode Obanor

President, League for Social Justice

August 12, 2025