Ibom Saga: Between Law and Emotion

Ibom Saga: Between Law and Emotion

By Edidiong Udoaka Esq.

Ibom Air Vs. Comfort Emmanson

My Take;

I have read numerous opinions on this matter, and it is refreshing to see perspectives from different angles. Whichever side one chooses to view it from, each party appears to have some merit in their case. However, it is important to remember that law is distinct from sentiment or emotion. While law and morality may intersect, they are not the same.

At present, no CCTV footage has been released to show the events from the beginning. Nonetheless, based on the circulating videos, eyewitness accounts, and Ibom Air’s press release, I will examine this matter strictly from a legal standpoint, setting aside emotions and sentiments.

I have identified five legal issues for consideration:

1. Whether or not the flight crew had the right to instruct Miss Comfort to switch off her mobile device.

The use of mobile phones or other electronic devices can interfere with an aircraft’s radio frequency or navigational equipment. Consequently, the pilot or flight crew is empowered to instruct passengers to turn off such devices, especially during take-off and landing.
Now Under Section 85(3) of the Civil Aviation Act 2022, it is a punishable offence to disregard the lawful instructions of the pilot-in-command or flight crew. Under this same provision, where one impede or interferes in a crew member’s duty on board, that is, you do not allow a flight attendant to carry out his or her duty, it is an offence punishable by a fine of ₦200,000 and/or imprisonment for up to two years. Therefore, the answer is in the affirmative, the flight crew had the legal right to issue such an instruction.

2. What Miss Comfort could have done if she felt she was spoken to rudely by the air hostess or flight crew.

If Miss Comfort believed she was subjected to rude or unprofessional conduct by a crew member, she could have taken the following lawful steps:

1. Lodged a formal complaint directly with the airline’s customer service department.

2. Reported the incident to the Nigerian Civil Aviation Authority (NCAA) for investigation.

3. Approached the Public Complaints Commission (PCC).

4. Sought legal redress in a court of competent jurisdiction.

3. Whether or not the air hostess had the right to block or restrain her from alighting after landing.

Yes! a crew member, acting under the authority of the pilot-in-command, may lawfully prevent a passenger from exiting the aircraft after landing but only under legally justifiable circumstances, such as:
1. If The passenger committed an offence onboard which could be assault, unruly conduct or even interfering with crew duties or
‌where the passenger’s actions endangered the safety of the aircraft or others in the craft.
In such cases, the crew may restrain the passenger until security personnel arrive.
However, if a crew member blocks a passenger’s exit without lawful justification for example, out of personal animosity or retaliation this may constitute a violation of the passenger’s constitutional rights. Comfort committed an offence on board, hence why she was restrained.

4. Whether or not Miss Comfort was right to slap the air hostess.?

Assaulting, threatening, or intimidating a crew member, or engaging in unruly behaviour onboard, attracts the same penalties provided in Section 85(3) of the Civil Aviation Act 2022. No passenger has the right to physically assault a flight attendant. In this regard, Miss Comfort’s action was unlawful

5. Whether or not Ibom Air had the right to forcefully remove her from the aircraft.

Hmmm, Under Nigerian law and international aviation standards, a flight crew is not permitted to “mishandle” or use excessive force against a passenger, even if that passenger refuses arrest or resists being handed over to security. Section 85(4) of the Civil Aviation Act 2022 allows the pilot and crew to take reasonable measures to maintain safety and order and to manage unruly behaviour of passengers onboard, including after landing.

My take here is, it is in the court’s discretion to decide whether the force used by Ibom Air in removing Miss Comfort was reasonable and proportionate to her conduct. If it was excessive for example, if she was dragged, injured, or subjected to treatment that stripped her of dignity without lawful justification she would have grounds to sue for damages and compensation. Ibom Air can go in for this

Whatever be the case, it is best to remain calm and observe how the case unfolds, only then will we fully appreciate the legal implications.

Barr. Edidiong Udoaka writes;
12-8-05

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