The Nigeria Civil Aviation Authority has directed Air Peace to compensate passengers affected by the disruption of its Lagos-Enugu flight on Monday, warning that the airline could face heavy sanctions if it fails to meet its obligations.
The directive followed a complaint by human rights lawyer, Inibehe Effiong, who was booked on the airline's 6:45am flight from Lagos to Enugu.
Effiong said the disruption affected his planned appearance at a court hearing in Enugu State, after he arrived at Murtala Muhammed Airport Terminal One early on Monday expecting to board the flight.
According to him, he had checked in the previous night and arrived at the airport at about 5:50am, but passengers were subsequently kept waiting before being informed that the flight had been moved to 4:50pm.
He also alleged that Air Peace sent passengers a reminder at 2:01am asking them to come early for the flight, despite the fact that the airline already knew the flight would not operate as originally scheduled.
Effiong expressed frustration over what he described as repeated poor service by the airline, saying the disruption had caused him financial losses and threatened his ability to attend the court proceedings.
He also questioned the response of aviation regulators to complaints against the airline.
Responding to his complaint on X, NCAA Director of Public Affairs and Consumer Protection, Michael Achimugu, said the disruption was linked to the ripple effect of flight disruptions that occurred the previous night.
He nevertheless acknowledged that Air Peace had failed to properly notify passengers scheduled to travel on the affected flight.
Achimugu said an airline management official had initially claimed that passengers had been informed of the rescheduling.
However, after reviewing the evidence provided by Effiong, the airline's Station Manager and Duty Manager confirmed that the notification sent to him was issued in error.
“The Station Manager and Duty Manager have confirmed that the message sent out was the one you received, and that it was done in error. They admit that passengers on your flight should have been notified about the rescheduling,” Achimugu said.
The NCAA official said Air Peace had claimed that the affected passengers were taken to a hotel where they would receive care until their rescheduled flight.
He added that the regulator was still working to confirm the claim.
More importantly, Achimugu said the NCAA had directed the airline to submit a compensation package for passengers affected by the disruption in accordance with Part 19 of the NCAA Regulations 2023.
“We have asked that the airline, in compliance with Part 19 of the NCAA Regulations 2023, come up with a compensation package for affected passengers and let us know in good time,” he said.
The regulator said the incident highlighted the importance of timely and accurate communication between airlines and passengers whenever flight schedules change.
“This was an unfortunate episode. Timely and honest information is key, and there was a gap in this regard,” Achimugu said.
He rejected any suggestion that the erroneous notification could be excused as a force majeure event, stressing that airlines remained responsible for complying with passenger-protection regulations.
“As much as the NCAA protects the rights of operators, too, we will hold all stakeholders to account where necessary. Sending the wrong notification was not a force majeure incident,” he said.
The regulator, however, indicated that sanctions could be avoided if Air Peace fulfilled its obligations to affected passengers.
“The way regulations work is, if the airline does the needful by way of compensation and duty of care to affected passengers, they will not be sanctioned. If the duty is not done, then there will be heavy sanctions imposed for this incident,” Achimugu said.
Effiong said he had considered alternative flights but found that the other airlines operating Lagos-Enugu services had no suitable morning option.
He noted that United Nigeria Airlines and Enugu Air had only afternoon flights available, while he had already booked a 3:20pm return flight with United Nigeria.
The lawyer said the disruption also resulted in additional expenditure on flights and taxis, while leaving the outcome of his scheduled court appearance uncertain.
The NCAA's intervention places the airline under pressure to address the immediate needs of affected passengers and comply with the regulator's requirements on compensation and duty of care.
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