Nigeria Civil Aviation Authority (NCAA) has clarified the legal actions that followed the dual case of Fuji musician, Wasiu Ayinde, Kwam 1, and Comfort Emmanson, who allegedly assaulted Nigerian airline officials.
PREMIUM TIMES earlier reported, on 5 August, that Kwam 1 attempted to interrupt the ValueJet Airlines morning flight (Flight VK 201) at Nnamdi Azikwe International Airport, Abuja, after he was stopped from boarding the aircraft for carrying alcoholic beverages.
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The newspaper also reported that Comfort Emmanson allegedly attacked a flight attendant and clashed with security operatives at Murtala Muhammed International Airport on Tuesday. Subsequently, the Ibom Air passenger was arrested and remanded at the Kirikiri Correctional Facility in Lagos State.
However, controversy has rocked discussions surrounding the two issues to suggest selective treatment of Kwam 1 and Ms Emmanson, who is remanded in Kirikiri Prison for similar offences.
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In an interview on Channel TV’s Morning Brief on Tuesday, the Director, Public Affairs and Consumer Protection, Mike Achimugu, explained that the legal actions against any airline regulation violator are the responsibility of the affected airlines, not the NCAA.
“There is no comparison here, so it is not necessary. It’s not a case of oranges and oranges. In the Kwam 1 incident, the airline did not activate its right to take the passenger to court. So the NCAA did what it’s supposed to do, by petitioning the relevant authorities to prosecute the passenger.
“The Ibom Air incident may be because their staff was assaulted, the airline immediately activated its right to take up the matter, and then it went to court. The NCAA is not involved in the case of the Ibom Air passenger,” Mr Achimugu said.
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While explaining further the NCAA’s role in the issues, the agency personnel said, “Remember that in the Kwam 1 case, the NCAA issued an advisory to Airlines Operators of Nigeria, AON, the operators, to ban the passenger.
“Meanwhile, I need to correct this impression, I’ve been saying for six months. We did update that information, and his ban is now indefinite, pending the outcome of the investigation.
“So the six-month narrative no longer holds water. But, in this particular case (Ibom Air), the airline operators, having seen some of the videos of the assault, made this decision themselves. So the NCAA is not involved in this.
“At the end of the day, in both cases, what they take away from this is that, look, the system is being tested, and there’s enough blame to go around everybody; FAAN, cabin crew, passengers. But, as with every issue, we must treat the root cause of the issue,” he explained.
Passengers’ rights
The NCAA Director further stated that the root cause of the two issues could have been avoided by simple compliance with the airlines, crew members, and passengers’ safety.
“Unruly behaviour is unacceptable anywhere in the world, no matter the provocation. That’s for starters. The regulations are not sentiment-based. Those rules are there for the safety of every passenger.
“Secondly, you must always obey the cabin crew aboard an airline. You don’t make the rules for safety in aviation.
“So when you are asked to do something, in this particular case, other passengers on board that aircraft are said to have been the ones who seized this passenger’s phone and turned it off. When flying with other passengers, their safety and concerns also matter.
“Your rights stop where theirs begin. There are passengers who, when the announcement has been made, ‘turn off their phones’; they feel very uncomfortable and unsafe to see the person next to them not turning off their phone.
“So the other passengers will feel very uncomfortable, you know. And this entire situation was very avoidable because when you turn off your phone, it’s only for a few minutes. You can turn it back on mid-air, so this was quite avoidable, but we’ll see what the courts say about it,” he explained.
Travel ban
Furthermore, the NCAA official, responding to questions on Ms Emmanson’s indefinite travel ban, said the decision depends on the airline as the passenger’s action affects other travel stakeholders and routines.
He explained that Nigeria Airlines lacks capacity due to the country’s shortage of available airlines. Mr Achimugu stated that the airline often acts swiftly to ban passengers who face such issues.
“I have seen this several times. The NCAA does not have the power to prosecute. So, the NCAA cannot prosecute Kwam 1 or the lady; the Ibom Air did.
Airlines operators can block any passenger who poses a risk to others. We have a lot of flight disruptions in Nigeria because we lack capacity.
“There are not enough aircraft in Nigeria to fly passengers. While managing the capacity we have at the moment, it’s unacceptable to be unruly; she needed to be removed from that aircraft; otherwise, it would have triggered a chain of flight disruptions.
“Passengers waiting would not have accepted the explanation from an airline that flights were being cancelled for operational reasons,” he added.
While elaborating on the Kwam 1 case further, the NCAA director, the owner of ValuJet, who is alleged to be Kwam 1’s friend, might decide not to take the case to court. He, however, noted that Kwam 1’s action amounts to hijacking, which is punishable by the law.
“Preventing an airline from taxiing in the wrong direction is tantamount to hijacking. In some cases, it is regarded as terrorism,” he said.
The airline’s instruction
Mr Achimugu also advised passengers boarding Nigerian Airlines to always abide by the rules to ensure safety for all parties involved. He said phones must be switched off or in aeroplane mode to avoid interference.
“If your phones are on, somehow, it interferes with the aircraft’s communication system. If only one phone is on, it may not be much of a problem. But if everybody is allowed to have their phone on, it’s cool to interfere with
“If everybody is allowed to keep their phones on, it may not be that much of a problem, but if everybody is allowed to keep their phones on, it could have that interference, affecting safety.
“But beyond that, the point is this: there are regulations. Those regulations are ICAO standards. Some countries or airlines you fly to do not ask you to switch off your phone. They will tell you to put it in flight mode.
“But you cannot say that because this airline does this, another airline has no right to its policy. The duty is to respect cabin crew and the regulations at all times. It’s not a matter of choice. The place to have that argument is not when a flight is about to depart.
“You can file a petition to the National Assembly, to the NCAA, and to other authorities you want to, to ask for another look into that particular part of the regulation, because regulations get reviewed every time,” he concluded.
Reactions
Moreover, reactions from popular personalities have trailed the issues, especially since Ms Emmanson was remanded in prison.
Rufai Oseni, a media personality at Arise TV, said on his X account that the two issues received selective treatment because of the social status and personalities involved in the case.
“In 24 hours, one was charged in court, but the other one hasn’t been charged in over a week! Welcome to Nigeria. The truth is bitter,” Rufai said.
Similarly, Nigerian music sensation, Simisola Kosoko, popularly known as Simi, condemned the obscenity in the viral video Ms Emmanson at the airport, in an Instagram story, saying it’s improper to ‘condemn one and leave the other.”
Someone recorded her being dragged off the plane, recorded her being exposed like that, and then posted it without editing out this exposure or blurring it out. I wanna know who posted that video and why no one is holding them accountable.
“Because Aunty will face the law, but voluntarily posting her half-naked for millions of people to see when less than 10 people witnessed it in the first place deserves punishment too.
“Because you can’t condemn one madness and leave another one,” she said.
Also, the former LP presidential candidate, Peter Obi, criticised Ms Emmanson’s handling, claiming that forgiving one and prosecuting the other is unjust.
“However, I must equally strongly condemn the dehumanising treatment meted out to this young woman. Stripping her publicly was not only unnecessary but also represents the height of rascality and abuse by our agencies.
“It is unacceptable that she was hurriedly taken to court and remanded, while someone who visibly held a plane from taking off and put hundreds of lives at risk is still at large, with government agencies and some state officials speaking up for him to be forgiven.
“This case is not just about one young woman but about the double standards that poison our justice system. Justice in Nigeria must never be about who is poor or powerless versus who has influence or access to government officials,” Mr Obi said.
Investigations
Meanwhile, Mr Achimugu, in an X post on Tuesday, called on the passengers and witnesses of the Ibom Air Uyo-Lagos flight (IAN513) to start providing information that will aid the investigation process.
“Any person who was a passenger on that Ibom Air Uyo-Lagos flight (IAN513) and witnessed the events that led to the fracas should, as a matter of urgency and fairness, reach out to me via DM or [email protected].
“Once verified that you were actually a passenger on that flight, we can discuss and try to understand other perspectives to this issue.
“In the interest of justice and fairness, it is necessary to hear both sides of the story.
“Of course, this does not negatee the exhibition of unruly behaviour and its ramifications, but it will ensure that every other person who was culpable down the line is held accountable.
“We will also be sending our officers in Lagos on a fact-finding mission to the police and other security personnel who were part of the entire chain of events.
Finally, one hopes that lessons are learned from all of these events and that the necessary adjustments and improvements are implemented by all stakeholders; passengers, airline staff, aviation security, etc.” he said.
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