Abuja Airport Incident: K1 Not Getting Prosecuted ‘ll Have Negative Consequences-Aviation Law Professor

The dust has not settled in respect of the incident that occurred at the Nnamdi Azikwe International Airport, Abuja last week which had Wasiu Ayinde, a popular Fuji musician, and the staff and crew of ValueJet as dramatis personae.

Team@orientatactualmags.com  had earlier reported that the Minister of Aviation, Barrister Festus Keyamo, a Senior Advocate of Nigeria, in the preliminary findings he released on social media last week Thursday noted that the parties involved did not act well.

Giving his take on the issue on Monday, Nigeria’s first professor of Aviation Law, Professor Ismail Adua Mustapha emphasized the need to have charges preferred against the popular musician warning that failure to do this would have negative consequences.

One of the aftereffects, he noted, is that the ’hard-earned’ Grade A status of the Nigerian airspace may be withdrawn.

‘Consequently, some international flights may desert Nigerian airspace for lack of civil aviation security’, Mustapha, a lecturer at the Department  of Business Law, University of Ilorin, submitted while adding that Nigeria, as a party to the international civil aviation laws including Annex 17 to Chicago Convention 1944 has an obligation to prosecute and punish severely anyone found to have committed such an offence.

He added that similar provisions are included in the NCAA Act 2022 (sec. 50) and NCARs 2023 (Part 17).

‘Following the incident that occured at the local wing terminal of the Nnamdi Azikwe International Airport, Abuja on August 6, 2025, the person involved 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 and taking of hostages and 2010 Beijing Convention respectively.

The offences are punishable under section 86 (3) to wit; N25 million 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 N2 million 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 said.

That was not all, the Professor of Aviation Law added that individual passengers on board the ValueJet VK201 may also institute civil matter against the popular musician upon proof the cause of delay and the consequences 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.

The passengers are only required to proof the delay, cause(s) and consequential damage.

‘It is obvious that the person in question has unlawfully interfered with Nigerian civil aviation by breaching the Aviation security screening procedures, whether intentionally or unintentionally.

As stated earlier, it is an obligation erge 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 breach of agreement signed with the international conventions and treaties including Annex 17 to Chicago Convention 1944. Further, failure to prosecute will amount to allowing continued 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 person involved. 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 added-Team@orientactualmags.com  Do you have any information you wish to share with us? Do you want us to cover your event or programme? Kindly send SMS to 08035023079,  08059100286, 09094171980 or get in touch via orientactualmag@gmail.com.  Thank you