By Prof. Adua Ismail Mustapha (1st Professor Of Aviation Law In Nigeria) Business Law Department, Faculty Of Law, University Of Ilorin, Nigeria
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1.00 INTRODUCTION
Good morning, gentlemen of the Press, my colleagues and other onlookers who are here to witness and listen to my briefing on aviation legal opinion on the incident that happened on Tuesday, 5th August 2025, at the Local wing of the Nnamdi Azikwe International Airport, Federal Capital Territory, Abuja, Nigeria.
Let me say from the beginning that I will rely on the facts and data as reported by the Online and social media. It is also worth noting that this legal opinion and analysis are based solely on my knowledge and understanding of civil aviation law regarding the issue. I do not intend to malign or defame anybody or to cause public hatred to anyone or organisation in the discharge of this public duty to comment on any issue affecting Nigeria’s civil aviation positively or negatively.
2.00 BRIEF FACTS OF THE INCIDENT
Reports from various national newspapers, online and social media provide brief facts of the incident involving Alhaji King Wasiu Ayinde Marshal, popularly known and referred to as KWAM 1 and ValueJet Airlines at the domestic terminal wing of the Nnamdi Azikiwe International Airport, Abuja, on Tuesday, the 6th of August 2025.
According to the reports, Alhaji Wasiu Ayinde was scheduled to board a local commercial airline CRJ-900 ER Reg. 5N-BXS operated by ValueJet Airlines at 8.30 am to Lagos. During the boarding process, Alhaji Wasiu Ayinde was repeatedly informed of Nigeria’s National Civil Aviation Security Programme (NCASP) and ICAO Annex 17 to the Chicago Convention 1944, banning the carriage of liquid substances exceeding 100ml not declared and cleared through security screening and subsequently cleared except medically important to the health of such passenger. Despite the repeated warnings from Aviation Security (AVSEC) personnel and the Pilot-In-Command, the passenger declined to comply, and the Airline Security Officer asked him to step aside for further screening and clarification. Consequently, he spilt what the flask contained on the officer, which was later perceived to be alcohol.
The Pilot-in-command gently intervened but faced similar resistance. A situation that led to the closure of the aircraft door after confirming that the boarding of other passengers had been completed. On this ground, the passenger was denied boarding but subsequently ran into the front of the aircraft and refused to leave despite the repeated requests.
3.00 LEGAL ANALYSIS OF THE INCIDENT BASED ON CIVIL AVIATION LAW
The grounds of my analysis shall be grounded on law, but not opinion. Because a further investigation is likely to be conducted following a Petition written to the Attorney General of the Federation and the Inspector General of Police, respectively. Therefore, the reference point of analysis shall delve into answering the following queries:
Is the civil aviation security screening regulated in Nigeria?
Internationally, Nigeria is a party and a signatory to many theoretical international civil aviation Conventions and Treaties on Aviation Security. These include: (1) Tokyo Convention on Offences and Certain Other Acts Committed on Board Aircraft, adopted on September 14, 1963. It aims to address acts that jeopardise the safety of aircraft, persons, or property, or disrupt good order and discipline on board civil aircraft in flight; (2) The Hague Convention for the Suppression of Unlawful Seizure of Aircraft, opened for signature on 16 December 1970, to curtail the rising incidences of aircraft hijacking; (3) The Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, opened for signature on 23 September 1971, to prevent and suppress acts of violence against civil aviation, including sabotage and attacks on airport facilities; (4) The International Convention against the Taking of Hostages adopted on 17 December 1979, aimed at devising effective measures for the prevention, prosecution and punishment of all acts of taking hostages as manifestations of international terrorism; and (5) The Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation, and Its Protocol done at Beijing on 10 September 2010. While the Convention aimed at preventing and suppressing the avalanche of offences against civil aviation, its Protocol keenly addresses the issue of aircraft hijacking; and (6) the International Convention on Civil Aviation Organization entered into force in 1944. It establishes the International Civil Aviation Organization in 1944, and provides practical Standards and Recommended Practices-Annexes, aiming at ensuring safe and secure operations of civil aviation globally.
Nationally, pursuant to section 12 of the Constitution of the Federal Republic of Nigeria 1999, the International Conventions and Treaties were transformed into the Nigerian Civil Aviation Act 2022, Chapter No. 30. Also, the provisions of Annex 17 to the Chicago Convention 1944 on Aviation Security were also transformed into Part 17 of the Nigerian Civil Aviation Regulations 2023-Aviation Security Regulations.
It is at this juncture that I conclude that the Nigerian Civil Aviation System is well regulated and the regulations are adequate in theory.
What civil aviation security screening layers are available at the Nnamdi Azikwe International Airport’s domestic terminal wing?
A combined reading of sections 42, 45 and 50 of the Nigerian Civil Aviation Act 2022 and Regulation 17.47.1 of the Nigerian Civil Aviation Regulations 2023 provides to the effect that no passenger shall be allowed to board the aircraft without submitting to aviation security screening. The practical implication is that the passenger, whether on an international or a local flight, MUST go through a two-layer (airport and aircraft) security screening before boarding the aircraft.
The Airport security screening is basically a Pre-boarding screening that starts from the entrance gate of the airport, including but not limited to checking and searching of cars and other means of road transport. The aim is to detect the carriage of dangerous weapons and intoxicants that may be used to commit civil aviation offences by the would-be terrorists. Aerodrome screening is another form of pre-boarding screening beginning at the entrance gate of an aerodrome to search and check on one hand, and to identify the potential passengers who are ready to travel by air on the other hand. The essence is to curtail the influx of outsiders who may intend to pass dangerous goods, including weapons, to the passenger(s). Having passed this screening, the passengers would have to approach the Check-in counter to begin another security check, wherein the Aviation Security Personnel would apply conventional and technological methods of security screening in accordance with NCARs Reg. 17.47.1. The essence is to detect undeclared materials, including metallic and non-metallic substances such as water, alcohol, knife or other dangerous weapon that may be used to hijack and sabotage the aircraft. At this point, the airport security screening ends.
The passengers would have to proceed to board the aircraft. This is where the Aircraft security screening begins.
According to section 43 of the Nigerian Civil Aviation Act 2022, and Reg. 17.4.1.2 of NCARs 2023, no airline shall operate in Nigeria without its security program being approved. Consequently, it is the duty of the Aircraft Security Officer(s) to perform the Aircraft Security Screening of passengers before boarding the aircraft (Reg. 17.31.1.4 NCARs 2023). This is done through frisking and checking of passengers’ hand luggage. The essence is to detect prohibited items that were not detected during the airport security screening.
At this juncture, it is necessary to note that, according to the Nigerian Civil Aviation Security Program, no passenger is permitted to carry alcohol onto the aircraft. It may, however, be allowed if it is not more than 100ml, declared, packaged and sealed, and for medication. In this case, has Alhaji Wasiu Ayinde declared the content of the liquid in his flask? Was the flask well packaged and sealed? Who cleared him to proceed for airline security screening with the flask without its contents being ascertained and cleared?
The implication for the passenger
It must be noted that it is uncertain whether Alhaji Wasiu Ayinde submitted to and passed through the Pre-boarding airport security screening at the Nnamdi Azikwe International Airport local terminal wing before trying to board the ValueJet aircraft. If he has submitted himself to security screening, but the AVSEC failed to question and ascertain the content and volume of the liquid in the flask, then the AVSEC Personnel on duty have compromised aviation security and acted contrary to sections 42 and 45 of the NCAA Act 2022 and Reg. 17.47.1 of the NCARs 2023. On the other hand, if he has refused to submit himself or his flask to airport security screening before proceeding to aircraft security screening, the AVSEC officer should report the incident to the Nigerian Police for investigation and prosecution (Reg. 17.35.1.1 NCARs 2023). Upon proof beyond a reasonable doubt, he would be liable to a minimum fine of Five Hundred Thousand Naira only (sec. 45 (3) NCAA Act 2022).
The implication for the AVSEC Personnel/officer
It is also important not to be one-sided in this briefing; consequently, the act of the AVSEC at the security screening area must be commented on. The AVSEC has an important duty to perform security screening duties, including checking of carry-on luggage such as flasks, bottles, among others, to satisfy the purpose of sections 42 and 45 of the NCAA Act 2022, Reg. 17.31-35 of NCARs 2023 and the Aerodrome security program. In this circumstance, the AVSEC personnel ought to have ordered the recalcitrant passenger to leave the security-restricted or sterile area of the aerodrome as contained in Reg. 17.32.1.3 (b) of NCARs 2023 or report the matter to the Police command of the Airport as contained in Reg. 17.35.1.1 of NCARs 2023. Allowing the passenger to proceed to board the ValueJet aircraft without compliance with the NCARs provisions on screening amounts to a breach of civil aviation security.
The Implication for the ValueJet Airline Security Arrangement
It is a cardinal principle of civil aviation law that no security arrangement in an airport is 100% proof. Therefore, one security arrangement must complement the other to prevent and suppress unlawful interference with civil aviation operations. The action of the ValueJet security officer, as some reports indicate, for denying the recalcitrant passenger to board the aircraft without subjecting the flask to security screening was in line with sections 42, 43 (2) and 45 of the NCAA Act 2022, Reg. 17.31.1.4 of NCARs 2023, and ValueJet Airline Security Program.
The implication for the ValueJet Airline is that denying the recalcitrant passenger, irrespective of who he/she is, to board the flight shows that aviation security is paramount in its air operations. The Airline should be crowned as the best commercial flight in complying with the aviation security law in Nigeria.
The implication for the ValueJet Pilot
Pilot has an important duty to prevent unlawful interference with civil aviation, including airline operations. Regulations 8.8.2.1, 8.8.2.8 (c) and (d) NCARs 2023 provide that a pilot-in-command (PIC) must obtain clearance from the Air Traffic Controller (ATC) to take off or Taxi the runway before embarking or disembarking on a journey. Failure to comply will amount to dangerous flying. Failure to obtain the clearance will amount to Dangerous flying of a commercial aircraft.
The important question now is, has the Pilot-in-command received the communication and clearance from the ATC to proceed to Lagos when the aircraft door was closed? If the answer is positive, the PIC has not committed the offence of dangerous flying, but if the answer is negative, the offence has been committed.
A dissection of Section 81 of the NCAA Act 2022 reveals that “Dangerous flying” as where a pilot flies or operates an aircraft without applying his/her professional duty of safe navigation of the aircraft, the consequence of which endangers any person or property in the aircraft or on the land or water, commits the offence of dangerous flying. Upon proof, a minimum fine of Two Million Naira or imprisonment of at least two years or both shall be imposed on such erring Pilot (sec. 81 (1) NCAA Act 2022).
From the report of the incident extracted from the social media hereunder, I will now begin the applicability or otherwise of the provision of section 81 of the Act 2022 to the issue. The extract goes thus:
“As he reached the foot of the aircraft, security personnel reiterated that he could not board without complying with the inspection. He became confrontational, causing a disruption,” To manage the situation and prevent further delay, I exited the cockpit and approached Mr. Ayinde to engage him amicably. Without warning, he opened the flask and poured its contents on me, the security personnel, and some nearby passengers. Following this assault, airport security intervened, and other passengers were allowed to continue boarding. The Head of Security advised that Mr. Ayinde should not be permitted to travel on the flight due to his behaviour. I agreed, prioritising the safety of my passengers and crew. (Bold and underline mine). After shutting the aircraft doors, I observed that Mr Ayinde was still near the aircraft, obstructing movement. I made a Public Announcement to inform passengers of the delay while security personnel worked to remove him from the area. Once he was moved out of sight, I commenced taxiing and departed for Lagos at approximately 08:50. This incident caused significant delay, disruption, and posed safety risks to passengers, crew, and the operation of the flight.” (Bold and underline mine)
The underlined statements of the Pilot must be critically considered as to whether or not her conclusion justifies the flying of the ValueJet in such a manner. Pilot is obliged to make a decisive decision, upholding the highest standards of safety and protecting all on board against unlawful interference. (Aviator Code of Conduct)
Simply put, Unlawful interference is any act or omission or attempted act that jeopardises the safety and security of civil aviation operations. It therefore poses a serious risk to the security of civil aviation. For example, hijacking (Unlawful seizure of aircraft) or attempted hijacking of aircraft or sabotage of aircraft or Hostage-Taking of Passengers or interference with aircraft operation. These, among others, are serious offences that are described as an act of terrorism against civil aviation. Consequently, a Pilot-In-Command is under an obligation to take a reasonable measure to protect the safety and security of those on board, including the passengers and crewmembers (Sec. 85 (4) NCAA Act 2022).
At this juncture, may I conclude that what is expected of the Pilot in a situation of unlawful interference is to decide in the best interest of those who are on board. Such discretion must be exercised diligently. Therefore, the pilot has not committed an offence of dangerous flying, having raised a very strong reason necessitating the flying of ValuJet in that manner.
The Implication of the Incident on the Nigerian Aviation Security System
For emphasis, Nigeria has very strong civil aviation security laws consisting of international and national laws as enumerated above. However, the inadequate implementation of those laws, as demonstrated on 5/8/25 at the Local Wing terminal of the Nnamdi Azikwe International airport and some other Nigerian airports, has had a serious negative impact in the sight of the international civil aviation community. While it needs to be said that the 5/8/25 incident wherein a passenger breached security apparatus and caused a ValueJet to experience an undeserved delay for 35 minutes, assaulted the Security personnel and Pilot, and its crewmembers confirmed a clear demonstration of inadequacy in the implementation of Nigeria’s civil aviation security laws, despite the adequacy of those laws.
Offences committed as per the facts of the incident
The fact of the incident, as relayed, generated the following offence under the International and Nigerian civil aviation laws. The offences include: Taking of hostages of passengers, attempted hijacking, assault, and refusal to submit to security screening. The offences shall be briefly discussed.
- Taking of hostages of passengers and attempted hijacking of the aircraft
The 1979 Convention on Taking hostages of Passengers defines the offence as any person who forcefully seizes or detains any person or group of persons, whether a natural or juridical person, to do or refrain from doing a lawful act as a condition for the release of detainees commits an offence of Taking of hostage (Article 1, 1979 Taking of Hostages Convention). Nigeria ratified the convention in 2013, making it applicable in Nigeria.
Although the Convention did not provide for a specific punishment of the offender, but made it obligatory on all the parties to it to prosecute and subsequently punish the offender severely in accordance with their national laws.
It is garnered from the fact of the incident that the recalcitrant passenger stood in front of the ValueJet airline while the passengers were already on board, and the aircraft engine was in service until he was moved away from the front to the wing side of the aircraft before the pilot could taxi to depart Abuja airport. This is a clear demonstration of offence taking hostages and attempted hijacking of the Value aircraft, as described under the 1979 convention, 2010 Beijing Convention and its Protocol and section 83 of the NCAA 2022. The offender must therefore be charged and prosecuted under the provisions of the NCAA Act 2022, and punished with a fine of Twenty-Five Million Naira and Life imprisonment respectively (sec. 83 (6) NCAA Act 2022), if found guilty.
- Assault
Section 84 (3)(a) of the NCAA Act 2022 provides that “whoever unlawfully and intentionally, using any device, substance or weapon-performs an act of violence against a person at an aerodrome which causes or is likely to cause serious injury or death commits the offence of endangering safety of civil aviation, and shall be liable, upon conviction to the fine of at least Two Million Naira or at least for a term of Five years imprisonment. (section 84 (3) (b), NCAA Act 2022). Pouring of liquid on both the Security Personnel and Pilot constitutes an assault and endangers the life of the victims.
- Refusal to submit to aviation security screening
An outright refusal to submit the passenger’s body or luggage to aviation security screening is an offence that attracts a minimum fine of Five Hundred Thousand Naira only (sec. 45 (3) NCAA Act 2022).
The status of the six months ban imposed on the suspect passenger
I submit that the six months ban imposed on the offender is necessitated to prevent the offender from further commission of the same or a similar offence on one hand, and to maintain the integrity of the Nigerian Government as a security concerned administration in the eyes of the international community. I therefore salute the Minister of Aviation and Aerospace for the timely imposition of the ban.
Court with criminal jurisdiction to try the offender
Section 86 of the NCAA Act 2022 provides that the Federal High Court shall have exclusive jurisdiction to entertain and try the offender for committing any of the unlawful interference with civil aviation. It is, therefore, the duty of the Nigerian Police to initiate a criminal investigation and forward the file to the Attorney General of the Federation to prefer a charge against the offender.
Can an apology be made to safe the passenger/suspect from prosecution and punishment?
It is my submission that, apart from the fact that the offences committed are non-compoundable, that is, offences that can not be waived, all the offences are committed against the international community. Because whatever affects civil aviation in any country affects global civil aviation. For example, if a plane is hijacked in Nigeria, the global airspace would be shut down because airspace is one, but its management and security are divided into segments for convenience and adequate monitoring. Under the international civil aviation security conventions of which Nigeria is a party or signatory, it is an obligation for Nigeria to prosecute and punish the offender (Article 4, 2010 Beijing Convention). Failure to prosecute and punish will affect Nigeria’s aviation security and safety ranking conducted by the International Civil Aviation Organization. Also, prosecution and punishment would serve as a deterrent to others who may want to engage in any act of unruly behaviour against civil aviation.
Conclusion
The need to take civil aviation security screening seriously is evident on 5/8/25. Many passengers have in the past played with the aviation security screening because it was mostly perceived as a process not to be taken seriously. That is why the recalcitrant passenger thought he could do and undo to bypass security screening. It is, therefore, reiterated that a strict application of the Aviation security laws to international and national flights plying the Nigerian airspace is necessary.
Prof. Adua Ismail Mustapha (1st Professor of Aviation Law in Nigeria) Department of Business Law, Faculty of Law, University of Ilorin, NigeriaIsmail.am@unilorin.edu.ng, 08062643265
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