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The aviation sector is essential to the global connection of people, products, and services, and Nigeria is no exception. Maintaining the safety and security of aircraft operations has become a top responsibility as air travel continues to gain significance for trade, tourism, and national development. One important component of this safety framework is the ban on any action that could interfere with an aircraft’s ability to operate, either on the ground or in the air. Obstructing an aircraft is a serious violation with serious legal repercussions under Nigerian aviation regulations, especially those outlined in the Civil Aviation Act, 2022, the Nigerian Civil Aviation Regulations (NCARs), and pertinent international conventions that Nigeria has ratified.
In addition to safeguarding travellers, crew, and cargo, these legislative frameworks aim to maintain the integrity of the aviation system by discouraging actions that could jeopardise flight safety, interfere with operations, or result in loss of lives or financial losses. It is against this background that this article aims to examine the laws that regulate aircraft obstruction in Nigeria, the legal consequences, punishment for aircraft obstruction, as well as the role of the regulatory bodies in enforcing the laws. It also emphasises how international commitments and state law interact, providing a thorough grasp of how Nigeria handles this important area of aviation safety.
2.0 LEGAL FRAMEWORK FOR OBSTRUCTION OF AN AIRCRAFT IN NIGERIA
The aviation industry in Nigeria is a highly regulated one with a myriad of laws and regulatory agencies. The legislative framework regulating the aviation industry, particularly on issues relating to the obstruction of an aircraft in Nigeria, covers a broad range of legislation. The following laws constitute an evolving patchwork of legislation on aviation and are considered as follows:
2.1 The Constitution:
The 1999 Constitution of the Federal Republic of Nigeria (As Amended) is the bedrock of all matters bothering on aviation[i] as it places aviation matters within the exclusive legislative jurisdiction of the National Assembly and confers exclusive jurisdiction on the Federal High Court (FHC) on aviation and safety of aircraft. The Federal High Court holds jurisdiction over offences under the relevant aviation laws, regardless of where the offence was initiated or completed, if certain conditions are met.
2.2 The Criminal Code Act:
The Criminal Code Act is another legislation that impacts aviation and aircraft obstruction in Nigeria. Section 459A provides that:
“Any person who, by any unlawful act obstructs, causes an alteration to be made in the course of or in any way whatsoever hinders or impedes the movement of any aircraft, which is in motion on or in flight over any aerodrome, shall be liable on conviction to imprisonment for two years”.
2.3 The Civil Aviation Act, 2022:
The National Assembly of Nigeria enacted the Civil Aviation Act, which is the principal legislation governing the aviation industry in Nigeria. The Civil Aviation Act was recently re-enacted by the National Assembly of Nigeria, as the Civil Aviation Act 2022 (“CAA 2022”). The CAA 2022 repealed the CAA 2006, which was in use prior to the enactment of the CAA 2022. Section 74 relates to obstructions, while sections 78 – 85 provide for the civil and criminal penalties for obstructions and other offences under the Act.
2.4 The Nigeria Civil Aviation Regulations 2023 (“NCARs 2023”):
The NCARs were introduced recently as a fourth amendment to the NCARs since their initial promulgation in November 2006. The Nigerian Aviation Authority is empowered under the Civil Aviation Act of 2022 to make regulations[ii] on various issues, including aviation safety and security, commercial air transport, consumer protection, and other provisions of allied aviation services. The NCARs include explicit restrictions and operational instructions, and they were created in accordance with the Civil Aviation Act. Part 20 of the Regulations forbids actions that could result in aircraft delays, diversions, or dangerous situations.
Part 17 relates to Illegal interference with aircraft, such as putting things in places or causing circumstances that hinder or endanger aeroplanes, while Part 8 governs drone use and other flying operations to prevent obstructions.
Infractions of the NCARs are subject to administrative punishment by the NCAA, which can include fines, referrals for criminal prosecution, and license suspension or revocation.
2.5 OTHER LEGISLATION INCLUDES:
Other legislations that impact aviation include:
3.0 REGULATORY AND ENFORCEMENT AGENCIES
In order for Nigeria’s legislative system to effectively prevent aeroplane blockage, different regulatory and enforcement agencies must cooperate. Although these agencies work under specific statutory mandates, they work closely together to enforce compliance, stop infractions, and bring criminals to justice. The main regulator, the Nigerian Civil Aviation Authority (NCAA), has the authority to look into and punish infractions. Enforcement is also greatly aided by the Nigeria Airspace Management Agency (NAMA), the Federal Airports Authority of Nigeria (FAAN), and security organisations like the DSS and police. Under the terms of the Civil Aviation Act and other relevant criminal statutes, the Federal Ministry of Justice normally prosecutes major obstruction violations.
3.1 THE CIVIL AVIATION AUTHORITY OF NIGERIA (NCAA):
The Civil Aviation Act 2022 established the NCAA[iii] as Nigeria’s principal civil aviation regulator. Its duties include, but are not limited to[iv]:
a. Creating the Nigerian Civil Aviation Regulations (NCARs) and implementing them.
b. Observing airport operations and airline operations to guarantee adherence to safety regulations.
c. Looking into obstruction cases and suggesting disciplinary or legal action.
d. Assisting law enforcement in the prosecution of violators of aviation regulations.
The NCAA has the authority to fine people or groups found guilty of obstructing an aeroplane and to suspend or cancel their licenses.
FAAN’s security personnel often serve as the first responders to physical obstructions on airport premises.
3.3 NIGERIAN AIRSPACE MANAGEMENT AGENCY (NAMA):
In the Nigerian airspace, NAMA is in charge of providing air navigation services. In order to prevent aircraft obstruction, the NAMA is mandated to:
a. Maintain a safe distance between aeroplanes and other flying objects; air traffic must be managed and observed.
b. Impose limitations on airspace to stop drones and other flying activities from getting in the way of planes.
c. Respond to illegal aerial interference in coordination with the Nigerian Air Force and the NCAA.
Through the upkeep of surveillance and communication systems, NAMA ensures that obstacles are identified early on.
The Nigerian Police Force, along with agencies such as the Department of State Services (DSS), the Nigerian Air Force, and the Nigeria Customs Service, contribute to enforcement by:
In serious cases, such as sabotage or terrorism-related obstruction, security agencies collaborate under the National Civil Aviation Security Programme (NCASP) to protect passengers, crew, and aircraft from harm.
4.0 CHALLENGES IN THE ENFORCEMENT OF AIRCRAFT OBSTRUCTION LAWS
Nigeria presents considerable challenges in enforcing regulations against aircraft obstructions, even with the strong legal framework established by the Civil Aviation Act 2022, the Nigerian Civil Aviation Regulations (NCARs), and international treaties. These difficulties are caused by public perceptions of compliance, operational constraints, and legal ambiguity.
4.1 OPERATIONAL AND INFRASTRUCTURAL CHALLENGES
There exist infrastructure shortcomings in Nigeria’s aviation industry, such as antiquated surveillance systems, insufficient runway lighting, and inadequate perimeter fence at some airports. Due to these shortcomings, it is simpler for unauthorised people, animals, or vehicles to enter restricted areas, which could potentially impede aircraft movement[v]. Regulators’ capacity to keep an eye on obstruction occurrences and take swift action is further hampered by the lack of skilled security and technical staff, particularly in regional airports. Inadequate incorporation of contemporary surveillance technologies, such as radar-based ground movement monitoring, makes the issue worse.
4.2 LEGAL AND INSTITUTIONAL CHALLENGES
The Civil Aviation Act makes obstruction-related acts illegal; however, several of its terms are vague and could be interpreted differently. In cases where the purpose needs to be demonstrated, this can make prosecution more difficult. Law enforcement may be slowed down by jurisdictional problems resulting from institutional overlap between organisations like the Nigerian Police Force, FAAN, and NCAA. For instance, disagreements over whether an obstruction qualifies as a criminal offence or an administrative infraction may cause legal action to be delayed[vi]
4.3 PUBLIC AWARENESS AND COMPLIANCE ISSUES
Low public awareness of the dangers and legal consequences of obstructing an aircraft remains a significant barrier. In some rural communities near airports, locals are unaware that activities such as grazing livestock on airfield perimeters or flying kites near approach paths can constitute serious offences under Nigerian aviation law. The growing use of drones has also created new challenges, with many recreational operators failing to register their devices or comply with NCAR Part 8, which regulates unmanned aerial systems. Enforcement in this area is difficult without continuous sensitisation campaigns and strict penalties for offenders.
5.0 CONCLUSION
Laws against obstructing aircraft must be strictly enforced if Nigeria’s aviation sector is to remain safe and effective. The Nigerian Airspace Management Agency (NAMA), the Federal Airports Authority of Nigeria (FAAN), and the Nigerian Civil Aviation Authority (NCAA) are among the regulatory bodies empowered by the extant regulations to stop, look into, and punish actions that can jeopardise the safe operation of an aircraft. Effective enforcement is nevertheless still hampered by operational flaws, a lack of infrastructure, unclear legal provisions, and poor public knowledge. These difficulties highlight the necessity of strong public awareness campaigns, targeted infrastructure investment, ongoing legislation reform, and improved interagency collaboration.
Ultimately, a more legislative framework and the collaboration of all actors from local communities to government regulators to promote a culture of safety and compliance in the aviation industry are necessary for the efficient enforcement of Nigeria’s aircraft obstruction laws. Nigerian airspace will continue to be safe, secure, and compliant with international standards if a concerted effort is made.
[i] Being the grundnorm, the Constitution is the supreme law in Nigeria and any law inconsistent with constitutional provisions is null and void.
[ii] Part III CAA, 2022
[iii] See Section 4 of the Civil Aviation Act, 2022
[iv] See Section 8 of the Civil Aviation Act, 2022
[v] Adeniji A, ‘Infrastructure Gaps and Aviation Safety in Nigeria’ (2020) 14(2) Nigerian Journal of Air and Space Law 45.
[vi] Oladipo K, ‘Institutional Overlaps in Nigerian Aviation Regulation: Challenges and Prospects’ (2018) 6(1) Journal of Transportation Law and Policy 112.
Written by Muhiz Adisa & Kareema Muhammed for The Trusted Advisors
Email us: info@cms.trustedadvisorslaw.com