The first professor of Aviation Law in Nigeria, Ismail Adua Mustapha, has listed the consequences of the Nigerian government’s failure to prosecute the Fuji maestro Wasiu Ayinde over his obstruction of a ValueJet aircraft at the Nnamdi Azikwe International Airport, Abuja.
Mustapha, of the Business Law department, Faculty of Law, University of Ilorin, said Nigeria’s airspace’s hard-earned Grade A status might be withdrawn.
“Consequently, some international flights may desert Nigerian airspace for lack of civil aviation security,” he said.
He stated that Nigeria, as a party to the international civil aviation laws including Annexe 17 to the Chicago Convention 1944, must prosecute and punish severely any suspect found guilty of the offence(s), adding that,” similar provisions were included in the NCAA Act 2022 (sec. 50) and NCARs 2023 (Part 17).”
He added: “From the incident of 6/8/25 at the local wing terminal of the Nnamdi Azikwe International Airport, Abuja, the suspect must be prosecuted for the following offences; attempted hijacking and taking of hostages of passengers contrary to section 83 of NCAA Act 2022, Art. 1 of the 1979 Taking of hostages and 2010 Beijing Convention respectively. The offences are punishable under section 86 (3), to wit: N25m and life imprisonment, assault and violent conduct committed against the pilot and security officer contrary to section 84(3)(a) NCAA Act 2022, punishable under sec. 83 (3)(b) to wit, at least N2m or at least 5 years imprisonment, and refusal to submit for screening contrary to sections 42 and 45 of the NCAA Act 2022 and Part 17 of the NCAA Act 2023, punishable under section 45 (3) of the Act 2022.
The don stated that despite the suspect’s criminal responsibility, individual passengers on board the ValueJet VK201 might further institute civil matters against the suspect upon proof of the cause of delay and its consequences, citing Articles 19 and 22 of the Montreal Convention 1999 incorporated into the NCAA Act 2022 under Section 50 of the Act 2022.
He said what the passengers need to prove is delay, cause(s) and consequential damage.
Mustapha added:” It is evident that the suspect has unlawfully interfered with Nigerian civil aviation by breaching the Aviation security screening procedures, intentionally or unintentionally.
As stated earlier, Nigeria must prosecute (aut dedere) any person found wanting who breached aviation security procedures or unlawfully interfered with civil aviation.
“Failure to comply will amount to a breach of the agreement signed with the international conventions and treaties, including Annexe 17 to the Chicago Convention 1944. Further, failure to prosecute will result in continuous insecurity in Nigerian civil aviation. It will also amount to non-implementation of Nigerian Civil Aviation Laws.
“It should also be noted that the hard-earned Grade A status may be withdrawn. Consequently, some international flights may avoid Nigerian airspace due to a lack of civil aviation security.
“Unlawful interference with civil aviation shall not be subject to an apology because of the strict nature of the offences committed by the suspect. Offences committed are non-compoundable because of the severe punishments involved. Accepting the apology will negatively affect the Nigerian Civil Aviation system.”
