*Warns Against Trade Association Acting Without Judicial Process
![](https://thenigerialawyer.com/wp-content/uploads/2025/05/idrinstitute.png")
![](https://thenigerialawyer.com/wp-content/uploads/2024/11/TheNigerialawyer-WhatsApp-Channel1.jpg")
Prominent legal practitioner and public commentator, Dr. Monday Onyekachi Ubani, SAN, has questioned the legality of the lifetime industry-wide ban reportedly imposed on Ms. Comfort Emmanson by the Airline Operators of Nigeria (AON), describing it as “potentially unlawful” and a breach of constitutional rights.
Ubani, in a public statement, noted that while unruly passenger conduct should be dealt with decisively, the AON lacks constitutional or statutory powers to impose an indefinite, nationwide flight ban without judicial process.
Citing Section 36(1) of the 1999 Constitution (as amended), he stressed that every citizen is entitled to a fair hearing before any decision affecting their rights is made. “The AON’s unilateral action to impose a lifetime ban, without affording the passenger an opportunity to be heard, violates the principle of audi alteram partem,” Ubani said.
He further referenced Section 41 of the Constitution, which guarantees the right to freedom of movement, warning that such a sanction amounts to a de facto travel ban and has “nationwide and international implications” if left unchecked.
Ubani explained that while individual airlines have contractual rights to deny boarding for safety reasons, only the Nigerian Civil Aviation Authority (NCAA) established under the Civil Aviation Act is empowered to regulate sanctions that can extend industry-wide. Even in countries with strict “no-fly” regimes, such lists are government-administered, subject to review, and open to appeal.
“The lifetime ban in this case is disproportionate and premature, especially as Ms. Emmanson has only been arraigned and is yet to be convicted. The principle of proportionality in sanctions has clearly been overlooked,” he stated.
He warned against allowing a trade association to “act as accuser, investigator, judge, and executioner,” noting that such a precedent invites bias and abuse. Instead, airlines should:
- Offload disruptive passengers and report them to Aviation Security (AVSEC) and the Nigerian Police Force.
- Pursue prosecution under the Civil Aviation (Security) Regulations or the Criminal Code.
- Where necessary, seek a court order imposing travel restrictions.
- Ensure that any industry-wide ban is administered by the NCAA with a right of appeal.
Ubani concluded that while the alleged misconduct by both Fuji musician Wasiu Ayinde Marshal (Kwam 1) and Ms. Emmanson falls short of acceptable in-flight standards, “justice must be balanced. Without fairness and due process, justice is missing in action.”
“History of Rivers State Judiciary: A Compendium of Personalities on the Bench.” Authored by Ampim Gogo Blankson, Esq., Deputy Director at the Rivers State Ministry of Justice, in collaboration with the Rivers State Judiciary 💰 Cover Price: ₦20,000.00 (Twenty Thousand Naira) Bukky Law Books, Rivers State High Court Complex, Moscow Road, Port Harcourt – 📞 08034868754📞 08034729738📞 Enquiries: ______________________________________________________________________ Law Practice Kit (Second Edition) And Legal Luminaries Series 2 Unveiled 
Authored by Abdulrasheed Ibrahim, LL.M, Notary Public Law Practice Kit (Second Edition) and Legal Luminaries Series 2 📚 For Enquiries and Orders, Contact: 📞 08055476823, 📞 08164683735, 📞 08033855230 ______________________________________________________________________ [A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials 
