The National Human Rights Commission (NHRC) has condemned the torture and inhuman treatment of Ibom Air passenger Comfort Emmanson by officials of the airline after landing in Lagos on 10 August.
The commission described the actions of the officials as a grave breach of human dignity, which could not be excused by the passenger’s initial conduct, and called for the prosecution of all culpable persons.
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Under the Nigerian constitution and international law, torture and degrading treatment are prohibited and cannot be justified under any circumstances, including when committed by law enforcement agencies, the NHRC said.
“The NHRC, in its capacity as Nigeria’s apex human rights institution, condemns any violation of the dignity of a person and asserts that such actions have no place in a civilised society,” the Executive Secretary of the NHRC, Tony Ojukwu, who is also a Senior Advocate of Nigeria (SAN), said in a statement on Wednesday.
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On 10 August, Ms Comfort Emmanson was accused of assaulting an Ibom Air attendant. The airline alleged that the issue started when she initially defied instruction to switch off her phone before the flight took off in Uyo, Akwa Ibom State. On landing in Lagos, she reportedly assaulted the flight hostess, who earlier instructed her to switch off her phone.
Ms Emmanson has denied refusing to switch off her device. An eyewitness account stated that she made genuine efforts to switch off the phone but encountered difficulties due to a fault the phone had. The eyewitness, who noted that he sat close to her separated by the aisle, said Ms Emmanson was triggered by the manner the air hostess addressed her before take-off.
A viral video showed her being dragged out of the plane with her clothes torn and parts of her body exposed on landing in Lagos.
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On Monday, she was placed on a life ban from travelling by air in Nigeria. She was also charged and arraigned before a magistrate’s court in Lagos, which sent her to prison after she failed to meet her bail conditions.
The incident sparked outrage from many who contrasted her case with that of musician Wasiu Ayinde Marshal, who was only suspended from travelling by air in Nigeria for a period despite being captured on camera trying to block a ValueJet plane from taking off.
On Wednesday, aviation minister Festus Keyamo ordered the lifetime ban on her lifted, charges against her withdrawn, and Ms Emmanson released from custody.
Later, the prosecution withdrew the case at the magistrate’s court in Ogba, Lagos, leading to Ms Emmanson’s discharge and release from prison.
Severe violations
The NHRC, referencing viral video clips capturing scenes from the incidents, “notes with serious concern” the use of “disproportionate physical force to remove passenger from the aircraft, and the stripping and exposure of her intimate body parts”. Mr Ojukwu, the NHRC head, said the actions “constitute a severe violation of her rights, dignity and privacy.”
The commission said the subsequent recording and widespread dissemination of these compromising videos on social media constitute a secondary form of harm and further degrading treatment.
Mr Ojukwu, who is also the President of the Network of National Human Rights Institutions in West Africa, while refraining from apportioning blames to any specific individual or institution, there is the need for all actors to be held responsible for their actions, including the original alleged malfeasance of the passenger.
“An individual’s right to dignity and humane treatment remains intact, regardless of the suspicion of any crime, notwithstanding the venue, nature or magnitude of the alleged offence they may have allegedly committed before law enforcement agencies,” he said. He added that the legal protection extends fully to all persons, including criminal suspects, making accountability for such violations essential.
Call for prosecution
However, he called on authorities to quickly prosecute those involved in the alleged abuses. “NHRC wishes to state that accountability for these violations is paramount under the laws of Nigeria,” it stated.
The commission acknowledged recent government and aviation actions, including amnesty in the Ibom Air and ValueJet cases, but stressed that breaches of dignity, privacy, and the rights to life and safety must be addressed to uphold the rule of law. It urged swift action by stakeholders to prevent a recurrence.
“The NHRC will continue to monitor the situation closely to ensure that the rights of Ms Comfort Emmanson, other passengers, airline staff, and crew members are protected and all those responsible are held accountable,” the commission stated.
Recommendations
It cited the UN Guiding Principles on Business and Human Rights (UNGP) and Nigeria’s National Action Plan on Human Rights (NAP), which set out the corporate duty to uphold and protect those rights.
The commission maintained that Ibom Air and ValueJet must ensure their staff and security officials do not engage in or aid human rights abuses and must have protocols and training to manage conflicts without inhumane treatment.
It pledged its support to victims on all sides in line with its mandate under sections 5 and 6 of the NHRC Act of 2010 and section 5 of the Anti-Torture Act, 2017.
It said there is an urgent need to educate citizens on the necessary protocols and conduct during flight operations.
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It also urged authorities to mandate comprehensive human rights and de-escalation training for all airline and airport staff, and to impose strict sanctions on any airline or security agency found to have violated human rights in recent or similar incidents.
It urged aviation authorities and the ministry to review passenger management protocols to meet human rights standards, including the rights to life, safety, dignity, fair hearing, and freedom of movement.
Citing section 5(L)(M)(O) of the NHRC Act, the commission said it had issued an advisory to all aviation authorities on the right to dignity and protection against torture to safeguard passengers, airline staff, and the public.
NHRC reiterated its commitment to protecting the rights of all Nigerians and businesses operating in the country.
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