Did you know that failure to obey lawful instructions from any member of an aircraft crew may lead to criminal sanctions?
As an airline passenger in Nigeria, it is important to know that your action or inaction in response to lawful instructions by the aircraft crew or to well-established rules and regulations may lead to criminal sanctions. The Nigeria Civil Aviation Act 2022 (“the Act”) prohibits certain behaviours by passengers on board an aircraft, and the breach of these provisions may result in the criminal prosecution of the passenger and the result may be imprisonment or fine or both.
Section 85 of the Act sets out conduct that constitutes “Interference with crew members”. These include where a passenger:-
- Assaults, intimidates, or threatens any flight crew member or flight attendant or engages in unruly behaviour onboard such aircraft.
- Against the instruction of the pilot-in-command or a flight crew member or cabin crew, uses or operates any equipment or device, including a mobile phone, that may interfere with the aircraft’s radio frequency or other navigational equipment onboard aircraft
- Any action that impedes the performance of the crew member’s duties on board.
Part 17 of the Nigeria Civil Aviation Regulations 2023, which deals with Aviation Security, at paragraph 17.89.1.2 provides a non-exhaustive list of what constitutes “unruly” behaviour of a passenger on board an aircraft to include:
- Smoking on board an aircraft or in a non-smoking area of the terminal building;
- Use of mobile phones and/or other communication/electronics gadgets on board an aircraft without the approval of the aircraft commander;
- Fighting or other disorderly conduct on board an aircraft or at the terminal building;
- Any conduct/act constituting a nuisance to other passengers
- Disobedience of lawful instructions issued by the aircraft commander, flight crew, cabin attendants, check-in staff and/or security screening staff;
- Any conduct that endangers or is likely to endanger the safety of flight operations;
- Tampering with smoke detectors and other aircraft equipment.
Any passenger found liable for any of the actions above is subject upon conviction to a fine not more than N200,000 or imprisonment for a term of at least two months or both.
Notably, subsection 4 of section 85 of the Act, authorizes a pilot-in-command to use any reasonable measure deemed necessary to ensure the safety of the aircraft and the security of all passengers onboard when confronted with an unruly passenger on board. Additionally, the pilot may request assistance from any individual present on the aircraft.
For the safety of the aircraft and everyone on board, it is essential to follow the instructions of the pilot-in-command and crew members. Their guidance is designed to ensure safety and facilitate a smooth flying experience, so staying attentive and responsive is crucial.