Reps ask aviation ministry to sanction airlines for flight delays, cancellations

The house of representatives has asked the aviation ministry to enforce punitive measures on airlines for flight delays and cancellations.

The green chamber also asked the Nigeria Civil Aviation Authority to ensure “strict adherence” of the Civil Aviation Act 2022 and part 19 of the Nigeria Civil Aviation Authority Regulation, 2023, which deal with flight cancellations and delays.

The lower legislative chamber passed the resolution during plenary on Thursday following the adoption of a motion moved by Victor Obuzor, a lawmaker from Rivers state.

While moving the motion, the lawmaker highlighted statistics of flight delays across various airlines.

He said Air Peace recorded 5,350 delays out of 11,111 flights; Aero Contractors had 740 delays out of 1,992 flights; and Arik Air experienced 1,378 delays out of 2,331 flights. According to the lawmaker, Dana Air recorded 999 delays out of 1,446 flights; Overland Airways had 696 delays in 1,227 flights, and Max Air reported 1,247 delays out of 2,297 flights.

He said other airlines were also affected, with Ibom Air recording 1,508 delays out of 3,879 flights and United Nigeria experiencing 2,439 delays out of 3,912 flights. The lawmaker added that Green Africa had 836 delays in 2,368 flights; ValuJet recorded 582 delays in 1,659 flights; and Rano Air reported 761 delays out of 2,464 flights. Azman Air, which operated 145 flights, recorded 76 delays.

The lawmaker emphasised the urgent need for stricter regulatory measures to curb these frequent delays and improve the efficiency of air travel in the country.

“Despite the laws of the Federal Republic of Nigeria that have created liability for air carriers when they delay flights or mishandle baggage in order to ensure their accountability and the protection of passenger’s lights, these flight delays and cancellations persist and have resulted in economic losses to both persons and businesses,” he said.

“In Nigeria, these liabilities are provided for in the Nigeria Civil Aviation Act, 2022 (NCAA, 2022) and Part 19 of the Nigeria Civil Aviation Authority Regulations, 2023 (CARS, 2023).

“The NCAA, 2022, provides that air carriers are generally liable for damage occasioned by the delay of carriage of their passengers and their baggage, except that the air carrier proves that it and its servants or agents took all measures that could reasonably be required to avoid the damage or that it was impossible for the carrier or its agents to take such measures.

“The air carrier proves that the damage was caused or contributed to by the negligence, other wrongful act, or omission of the passenger.

“Despite the liability for domestic flight delays varies based on the duration of the delay, these delays persist to the discomfort of the populace. Generally, longer delays result in increased liability for the airline.

“To prevent incurring liability, an airline that reasonably expects that its domestic flight will be delayed must disclose to all the passengers the reason or reasons for the delay within 30 minutes after the delayed domestic flight’s slated take off time.”

He said air carriers are required to provide certain amenities to passengers when flight delays exceed specific time thresholds, as stipulated in the Civil Aviation Regulations (CARS), 2023.

According to him, if a delay extends beyond two hours, airlines must offer passengers refreshments, two free telephone calls, free SMS messages, and free emails.

He said if the delay persists beyond three hours, CARS 2023 mandates that airlines provide passengers with the option of either reimbursement or re-routing.

Regarding reimbursement, the legislator said the law demands that airlines must refund the full ticket fare at the original purchase price, and cash refunds must be made immediately upon request, while payments through electronic transfer, draft, or cheque must be completed within 14 days.

Obuzo said for re-routing, sections 19.9.1.1(b) and (c) require airlines to transport delayed passengers to their final destination under comparable conditions as the original flight, either at the earliest opportunity or at a later date convenient for the passenger.

He said if a domestic flight is delayed between 10pm and 4am, or if the airport is closed at the departure or final destination, airlines must provide passengers with hotel accommodation and transportation to the designated lodging.

“With the rapid growth of the global civil aviation industry, flight delays in the Nigerian aerospace have seriously impacted passengers, airlines, and aviation authorities,” he said.

The motion was unanimously adopted when it was subjected to a voice vote by Tajudeen Abbas, speaker of the house.

Consequently, the house mandated the committee on federal completion to ensure airlines comply with the Federal Competition and Consumer Protection Act 2018 to safeguard the interest of consumers.