- By Clementina E. Ukiri, Esq.
(De Dominus Litis)
Have you ever experienced a terrible flight delay, lost luggage, or outright flight cancellation, and your first reaction is, "Lawyer! Let’s sue them to court immediately!" Hold your horses. As satisfying as that might feel, rushing straight to the Federal High Court without following proper procedure is a quick way to get your case thrown out before it even begins.
In the legal world, procedure is king. Just like you cannot sue an electricity distribution company (like PHCN) in court without first exhausting the regulatory dispute resolution mechanism through NERC, the exact same rule applies to the aviation sector.
Before approaching the court for a consumer grievance against an airline, the law mandates that you must first explore and exhaust internal regulatory channels, specifically, through the Nigerian Civil Aviation Authority (NCAA).
The proper playbook if an airline defaults are below:
1. Give Them a Window: If the airline fails to resolve your issue or compensate you within 7 days, you have grounds to escalate.
2. File with the NCAA: Submit a formal complaint to the NCAA through their Consumer Protection Portal or via email at cpd@ncaa.gov.ng.
3. Attach Your Evidence: Never go empty-handed. Back your complaint up with concrete proof: tickets, boarding passes, baggage tags, and any written correspondence with the airline.
Why Does This Matter? Skipping this mandatory pre-action regulatory procedure is a fatal technical error. Courts take jurisdiction and procedural compliance very seriously. If you bypass the NCAA and rush to court, the airline's defense team will easily have your suit struck out on procedural grounds, leaving you frustrated, out of pocket, and back to square one.
Getting your foundation right from day one makes every subsequent legal step fall smoothly into place. Know the law, follow the procedure, and protect your consumer rights!
#AviationLaw #ConsumerRights #fyp
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