Senior Advocate of Nigeria, Sylvester Elema, has urged domestic airline operators to take advantage of the Bilateral Air Services Agreement [BASA] reached between Nigeria and various countries, particularly in light of the recently enacted Civil Aviation Act, 2022.
![](https://thenigerialawyer.com/wp-content/uploads/2026/09/2026-IDRI-Masterclass.png")
Elema, who made the call during a recent interview with PUNCH, noted that the country has continued to witness shortcomings and the rise and fall of notable domestic airlines, who though ought to have expanded their operations are largely underperforming or have gone under.
The learned Silk further noted that the situation is no different on the international scene, as the country is yet to have Nigerian-registered airlines that are taking advantage of the reciprocity provisions in the Bilateral Air Services Agreement signed between Nigeria and various countries. Hence, the country operates a one-sided aviation flow whereby foreign airlines come to Nigeria but the country does not have Nigerian airlines that can fly into those countries in reciprocity.
Speaking on the sideline about moves by the Federal Government to make Ethiopian Airlines a core investor of Nigeria Air and the challenges bedeviling the sector, the senior attorney noted that the arrangement between the federal government and Ethiopian Airlines will largely depend on the legal structure of their arrangement; stressing that ‘If Nigeria has majority shares, it (Nigerian Airways) can still qualify as a Nigerian carrier and may therefore be eligible to take advantage of BASA between Nigeria and various countries.”
“The problems facing the aviation sector in Nigeria include a lack of capacity on the part of the airline operators and the absence of technical capacity to service aircraft in Nigeria. The amount of foreign currency the airlines spend in servicing their aircraft abroad is mind-boggling.”
However, he noted that, contrary to speculations that some foreign airlines have introduced flight restrictions and now sell tickets in dollars, “Foreign airlines are still not allowed to sell their tickets in dollars. They sell in Naira. They are also not allowed to use the autonomous exchange rate in charging their fares in naira. That is why they insist that they be allowed to repatriate their funds based on the same exchange rate they use in calculating their fares and the CBN is not able to provide the funds as and when needed. It is, therefore, not true that foreign airlines are selling their tickets in dollars without the approval of the Nigerian Civil Aviation Authority.”
The learned senior advocate further used the interview to urge lawyers to explore the aviation sector as opportunities requiring legal services exist in the sector, including disputes bordering on (wet or dry) lease arrangement of aircraft, as well as the performance of certain obligations in the contract, which sometimes lead to the repossession of the aircraft by the aircraft owners, etc. Other opportunities that may exist include disputes involving the airlines and passengers by way of accidents, delays in baggage delivery, loss of baggage, delayed flights, etc.
Also, ‘the aviation workers have contracts of employment with the particular government parastatals that employed them. Each worker can only seek redress against his employer but not against the aviation authorities as a whole because of what we refer to as “privity of contract” in legal parlance.’
Mr. Eleme further noted that airline passengers have several rights protected and enforceable either under the Civil Aviation Act and international Protocols, including financial compensation in the event of flight delays, delay in delivery of luggage, loss of luggage, or accidents on board the aircraft that may lead to bodily injury or death.
[A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials
Available now for NGN 40,000 at ASC Publications, 10, Boyle Street, Onikan, Lagos. Beside High Court, TBS. Email publications@ayindesanni.com or WhatsApp +2347056667384. Purchase Link: https://paystack.com/buy/evidence-act-complete-annotation
______________________________________________________________________ “Enhance Legal Practice With Authoritative Reports” — Alexander Payne Offers Comprehensive Law Reports, Spanning Over A Century Of Nigerian Jurisprudence
Interested buyers are encouraged to place their orders and enquiries via:
0704 444 4777, 0704 444 4999, 0818 199 9888
Website: www.alexandernigeria.com
