Stephen Ukandu, Umuahia
Civil society organization, Centre for Human Rights Advocacy and Wholesome Society (CEHRAWS), has demanded justice for Ibom Air passenger, Comfort Emmason, who was detained at Kirikiri Maximum Prison following an incident at the airport.
CEHRAWS told the Aviation Minister, Festus Keyamo, and Ibom Air that dropping the charges against Emmason did not exonerate those who violated her human rights by exposing her nudity during the incident.
Executive Director of CEHRAWS, Peter Chuka Okoye, in a statement on Wednesday, called for appropriate sanctions against those found culpable to forestall future occurrences.
The statement read: “The Centre for Human Rights Advocacy and Wholesome Society (CEHRAWS), acting in the interest of public justice and the enforcement of fundamental rights, has reviewed the statement issued by the Honourable Minister of Aviation, Festus Keyamo, SAN, wherein he announced the withdrawal of the criminal complaint against Ms. Comfort Emmason, her expected release from unlawful custody, and the lifting of the lifetime ban imposed by the Airline Operators of Nigeria.
“We state unequivocally that these actions, while welcome, do not extinguish the grave and actionable breaches of her constitutionally guaranteed rights under Chapter IV of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, and relevant provisions of the Fundamental Rights (Enforcement Procedure) Rules, 2009.
“No law grants any airline staff the authority to subject a passenger to degrading or inhuman treatment. By unlawfully detaining, manhandling, and publicly humiliating Ms. Emmason — and by allowing her nude images to be circulated — Ibom Air and its agents acted in blatant violation of Section 34(1) of the Constitution and Articles 4 and 5 of the African Charter.
“Video evidence and eyewitness accounts confirm that the provocation originated from an Ibom Air crew member who forcibly removed Ms. Emmason’s wig, unlawfully seized and smashed her phone, and physically blocked her lawful exit after the flight had landed without incident.
“Physically confining Ms. Emmason on an aircraft after landing, without lawful authority, constitutes false imprisonment under Nigerian law and a direct infringement of Section 41 of the Constitution. This conduct is actionable both in damages and under the Fundamental Rights (Enforcement Procedure) Rules.
“The imposition of the most extreme aviation penalty — a lifetime ban — without giving Ms. Emmason an opportunity to be heard violates the audi alteram partem rule, a fundamental principle of justice embedded in Section 36 of the Constitution. This procedural injustice is not cured by the later lifting of the ban.”
Faults minister’s statement
The rights group faulted Keyamo’s statement, saying it failed to discipline the erring airline and airport personnel.
“While the Minister concedes that ‘clear wrongs were committed by both offending passengers and staff,’ he has failed to indicate any disciplinary process against the crew member whose unlawful aggression triggered this incident. The law requires that power be exercised accountably, and that those who abuse authority be sanctioned, not shielded.”
CEHRAWS, therefore, issued a 14-day ultimatum to the Ministry of Aviation to identify and sanction the culprits.
“CEHRAWS hereby demands that Ibom Air and the Ministry of Aviation, within fourteen (14) days of this statement, take the following steps to avert the commencement of legal proceedings:
“Issue a public admission of liability for the breaches of Ms. Emmason’s rights; commence formal disciplinary action against the flight attendant concerned, including suspension pending investigation; and pay adequate monetary compensation covering the damage caused by the circulation of her images.”
It also demanded a public review and reform of airline disciplinary procedures to ensure full compliance with constitutional provisions and human rights norms.
“Failing compliance within the stipulated period, CEHRAWS shall, without further recourse, commence proceedings under the Fundamental Rights (Enforcement Procedure) Rules, 2009 before the Federal High Court for: declarations as to the unconstitutionality of the acts complained of; orders for public apology; award of general, exemplary, and aggravated damages; and injunctive reliefs restraining any further harassment or unlawful sanctions.
The rights group emphasized that “airports and aircraft are not zones where constitutional rights are suspended,” insisting that aviation safety must never be used as a pretext to humiliate, detain, or unlawfully punish passengers.
CEHRAWS reiterated its commitment to ensuring that “no Nigerian, regardless of status, is reduced to an object of ridicule by the very systems meant to serve them. The Nigerian skies must be governed by both aviation regulations and the supremacy of the Constitution.”
