Lifetime no-fly ban on Ibom-Air passenger unconstitutional – Ubani, SAN
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By Henry Ojelu
Senior Advocate of Nigeria and public commentator, Dr. Monday Ubani, has faulted the lifetime no-fly sanction imposed on Ms. Comfort Emmanson by the Airline Operators of Nigeria, AON, describing it as unconstitutional, disproportionate, and lacking due process.
The measure, he said, emerged amid a rise in unruly behaviour by domestic air passengers, including recent cases involving Fuji musician Wasiu Ayinde Marshal (Kwam 1) and Ms. Emmanson, both accused of breaching aviation regulations and disrupting flights.
While Kwam 1 reportedly received a six-month no-fly sanction from the Nigerian Civil Aviation Authority (NCAA) and the Minister of Aviation, Festus Keyamo, Ubani said the alleged industry-wide lifetime ban placed on Ms. Emmanson by AON “raises profound legal, procedural, and constitutional concerns.”
Ubani argued that the sanction contravenes 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,” he stated.
According to him, Section 41 of the Constitution guarantees freedom of movement within Nigeria and abroad.
While an individual airline may refuse carriage for safety reasons under its contractual rights, “an industry-wide lifetime ban by a trade association amounts to a de facto travel ban with national and international consequences,” he said.
Ubani maintained that only the NCAA — established under the Civil Aviation Act — is empowered to regulate civil aviation and coordinate sanctions.
“NCAA regulations allow denial of boarding for safety reasons but do not give AON authority to impose indefinite, nationwide sanctions,” he said, adding that even in jurisdictions like the United States, no-fly lists are government-managed, subject to statutory frameworks, periodic reviews, and appeal mechanisms.
In Ms. Emmanson’s situation, Ubani noted that she has been arraigned and remanded pending trial for an alleged bailable offence.
“Until the courts determine guilt, any indefinite industry-wide punishment is premature,” he stressed.
He advised that if a passenger’s conduct threatens safety, airlines and AON should offload the passenger, report to Aviation Security and the Nigerian Police Force, pursue prosecution under Civil Aviation (Security) Regulations or the Criminal Code, and, if justified, obtain a court order imposing travel restrictions.
“An industry-wide ban should only be NCAA-administered, with a right of appeal,” Ubani insisted.
The SAN warned that allowing a trade association to impose such penalties without judicial oversight “sets a dangerous precedent for bias and abuse,” and that referencing past incidents involving other public figures without binding judicial outcomes risks “reputational punishment without proof.”
While condemning unruly behaviour on flights, Ubani stressed that justice must be balanced.
“One party cannot be the accuser, prosecutor, and judge. Without fairness and due process, justice is missing in action,” he said.
He added that Ms. Emmanson could seek redress at the Federal High Court, asking for a declaration that the ban is unconstitutional and void, alongside damages for breach of fundamental rights.
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