Passenger Rights and Airline Liability Under Nigerian Aviation Law: A Critical Examination of the Civil Aviation Act 2022 and Nig.CARs 2023

Abstract

The Nigerian aviation industry has, over the past two decades, witnessed a steady expansion in passenger traffic alongside a corresponding rise in consumer complaints concerning flight delays, cancellations, denied boarding, and loss of baggage. This article critically examines the legal framework governing passenger rights and airline liability in Nigeria, with particular focus on the Civil Aviation Act 2022 and the Nigerian Civil Aviation Regulations 2023 (Nig.CARs 2023), notably Part 19 on Consumer Protection. The article traces the historical evolution of Nigerian aviation law from the Warsaw Convention regime through the Montreal Convention 1999 to the present statutory framework, and evaluates the extent to which the current regime achieves an appropriate balance between airline commercial viability and passenger protection. Drawing on judicial authorities such as Cameroon Airlines v Otutuizu and Harka Air Services v Keazor, the article assesses how Nigerian courts have interpreted carrier liability, jurisdictional questions, and the limits of statutory compensation. The article identifies persistent gaps, including weak enforcement capacity within the Nigerian Civil Aviation Authority, low public awareness of statutory entitlements, and the absence of an efficient alternative dispute resolution mechanism for aggrieved passengers. It concludes with recommendations for strengthening the regulatory architecture, including enhanced sanctions, mandatory disclosure obligations, and a dedicated passenger rights tribunal.

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