A legal icon and a professor of Aviation Law, Ismail Adua Mustapha, has warned of the consequences likely to follow the failure of the Nigerian government to prosecute and serve due punishments to Chief Wasiu Ayinde (KWAM 1) for obstructing the ValueJet aircraft at the Nnamdi Azikwe International Airport, Abuja, last week.
Mustapha of Business Law department, Faculty of Law, University of Ilorin, said his apology is not good enough.
He expressed his fear to newsmen that the “Grade A” status of Nigerian airspace might be withdrawn.
The first professor of Aviation law said if necessary and convincing sanctions are not meted out on him, “some international flights may desert Nigerian airspace for lack of civil aviation security.”
According to him, Nigeria, as a party to the international civil aviation laws, including Annexe 17 to the Chicago Convention of 1944, must prosecute and punish severely any suspect found guilty of the offence(s).
He recalled that “similar provisions were included in the NCAA Act 2022 (sec. 50) and NCARs 2023 (Part 17).”
“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 violence 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 NCAA Act 2023 punishable under section 45 (3) of the Act 2022,” he listed.
He stated that despite the criminal responsibility of the suspect, individual passengers on board the ValueJet VK201 might further institute civil matter against the suspect upon proof of the cause of delay and the conequences of the delay, citing Articles 19 and 22 of the Montreal Convention 1999 incorporated into the NCAA Act 2022 pursuant to Section 50 of the Act 2022.
He said that the passengers need to prove delay, cause(s), and consequential damage.
Mustapha said, “It is obvious that the suspect has unlawfully interfered with Nigerian civil aviation by breaching the aviation security screening procedures, whether intentionally or unintentionally.
“As stated earlier, it’s an obligation erga omnes for Nigeria to prosecute (aut dedere) any person found wanting or 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 amount to allowing 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 desert Nigerian airspace for lack of civil aviation security.
“Unlawful interference with civil aviation shall not be subjected to 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 have a negative implication for the Nigerian Civil Aviation system,” he posited.
