Apology Not Enough On Unlawful Interference With Civil Aviation, Says Aviation Law Professor
A Professor of Aviation Law, Prof. Ismail Adua Mustapha has said that “unlawful interference with civil aviation shall not be subjected to apology because of the strict nature of the offences committed by the suspect. Offences committed are non-compoundable because of the severe punishments involved. Accepting the apology will have a negative implication for the Nigerian Civil Aviation system.”
Reacting to a recent incident involving a popular Nigerian musician, K1 De Ultimate and Valuejet Airline, in a write-up titled UNLAWFUL INTERFERENCE WITH CIVIL AVIATION OPERATION IN NIGERIA:PROSECUTE OR FACE CONSEQUENCES, Mustapha said: “Nigeria, as a party to the international civil aviation laws including Annex 17 to Chicago Convention 1944 has an obligation to prosecute and punish severely any suspect found guilty of the offence(s). Similar provisions were included in the NCAA Act 2022 (sec. 50) and NCARs 2023 (Part 17).
From the incident of 6/8/25 at the local wing terminal of the Nnamdi Azikwe International Airport, Abuja, the suspect must be prosecuted for the following offences:
1. Attempted hijacking and Taking of hostages of passengers contrary to section 83 of NCAA Act 2022, Art. 1 of the 1979 Taking of hostages and 2010 Beijing Conventions respectively. The offences are punishable under section 86 (3) to wit; #25 Million Naira and Life Imprisonment.
2. Assault and Violence Conduct committed against the Pilot and Security Officer contrary to section 84(3)(a) NCAA Act 2022 punishable under sec. 83 (3)(b) to wit; at least #2 Million Naira or at least 5 years imprisonment
3. Refusal to submit for screening contrary to sections 42 and 45 of the NCAA Act 2022 and Part 17 NCAA Act 2023 punishable under section 45 (3) of the Act 2022.”
On civil responsibility, he said “despite the Criminal responsibility of the suspect, individual passengers on board the ValueJet VK201 may further Institute civil matter against the suspect upon proof the cause of delay and the conquences of the delay. Articles 19 and 22 of the Montreal Convention 1999 incorporated into the NCAA Act 2022 pursuant to Section 50 of the Act 2022.
What the passengers need to proof is delay, cause(s) and consequential damage.”
Stating implication for non- prosecution of the suspect, he said: “It is obvious that the suspected has unlawfully interfered with Nigerian civil aviation by breaching the Aviation security screening procedures, whether intentionally or unintentionally.
As stated earlier, it an obligation erge omnes for Nigeria to prosecute (aut dedere) any person found wanting or who breached aviation security procedures or unlawfully interfered with civil aviation. Failure to comply will amount to breach of agreement signed with the international conventions and treaties including Annex 17 to Chicago Convention 1944.
Further, failure to prosecute will amount to allowing continuous insecurity of Nigerian Civil Aviation. It will also amount to non-implementation of Nigerian Civil Aviation Laws.
It should also be noted that the hard earned Grade A status may be withdrawn. Consequently, some international flights may desert Nigerian airspace for lack of civil aviation security.”
