Yes! we all admitted that Comfort Emmason was wrong in her conduct. But Nigeria is not a lawless state and even the worst behavior cannot justify trampling on constitutional rights.
We have laws though some may not be strictly enforced or respected but one thing is certain that our fundamental rights cannot and must not be undermined.
Let it be clearly known that no provision of the Civil Aviation Act, 2022 or any other extant law in Nigeria, empowers the Airline Operators of Nigeria (AON); a mere voluntary trade association to impose a “No Fly Ban” on any individual.
Such an action is reckless and amounts to an affront to the Nigerian Constitution, particularly the fundamental rights of the person affected.
The only body with such authority is the Nigerian Civil Aviation Authority (NCAA), under Sections 31 and 32 of the Civil Aviation Act, 2022.
What AON has done is illegal and a direct assault on Section 41 of the 1999 Constitution (freedom of movement) and Section 36 (right to fair hearing). It is an abuse of process and a dangerous precedent.
I therefore, lend my voice to say, this so called ban constitutes an abuse of judicial process and a blatant violation of her constitutional right to a fair hearing as enshrined in Section 36 of the 1999 Constitution (as amended).
Procedural shortcuts like this erode public confidence in the justice system, weaken the rule of law, and send a dangerous message that Nigeria is sliding towards impunity, where institutions and actors operate outside the bounds of legal authority without consequence.
Justice must remain the bedrock of our society; anything less is an open invitation to lawlessness.
This is why I have always advised that, as an aspiring writer, you should have legal counsel as a friend or associate because in Nigeria, speaking truth to power or pointing out an obvious wrong can be met with frustrating and sometimes dangerous pushback.
– BinMaLik writes from Lokoja.
