Unions liable for passenger claims after selective picketing, as losses top N2bn – Air Peace COO

Aviation labour unions that singled out Air Peace for a violent and disruptive terminal blockade on Tuesday will be held legally and financially responsible for passenger compensation and any resulting lawsuits, Oluwatoyin Olajide, the airline’s Chief Operating Officer, declared during a press conference on Wednesday.

Speaking at the airline’s headquarters in Lagos following the Tuesday selective picketing of Air Peace operations in Lagos and Abuja, Olajide explained that because the picketing constituted an unexpected and uncontrollable external disruption beyond the carrier’s operational control, it falls under the legal principle of force majeure (“superior force”).

Under aviation regulations and standard conditions of carrier, force majeure relieves airlines from liability to pay direct compensation for flight cancellations or delays caused by third-party disruptions.

However, Olajide emphasised that should aggrieved passengers choose to seek legal redress in court, the financial liability must fall squarely on the unions that instigated the blockade.

“Legally, passengers are not entitled to compensation from Air Peace because what happened was entirely out of the scope of the airline’s operations,” Olajide told reporters. “However, if passengers insist on compensation through legal channels, then the unions that caused this disruption will have to bear the brunt.”

The coordinated action by the National Union of Air Transport Employees (NUATE) and the Air Transport Services Senior Staff Association of Nigeria (ATSSSAN) forced the cancellation of more than 70 daily flights, leaving thousands of travelers stranded nationwide and inflicting direct financial damage estimated at over N2 billion on Air Peace.

While union leaders cited two primary grievances—unpaid 5 percent Ticket Sales Charge (TSC) debts to the Nigeria Civil Aviation Authority (NCAA) and restrictions on worker unionization—Air Peace management raised sharp questions over why it was exclusively targeted when virtually all domestic operators share similar debt structures and non-unionized workforces.

Olajide referenced official statements by Chris Najomo, Director General of Civil Aviation, who confirmed that domestic carriers are currently adhering to a structured repayment plan agreed upon with the NCAA to clear historical TSC arrears accumulated during the US-Iran fuel price crisis.

“If the issue of TSC indebtedness is industry-wide, why was Air Peace singled out for violent and disruptive picketing?” Olajide questioned.

“It is quite disturbing and curious that union members were captured on video urging passengers not to fly Air Peace again, but rather to use other airlines—the very same airlines that owe debts to the NCAA and are equally not unionized. The Federal Government must investigate this.”

Beyond the financial fallout, she disclosed that the blockade involved physical violence against its workers, including a female staff member who was left bleeding and bruised while trying to access the terminal.

The COO revealed that Tuesday’s action directly violated a subsisting Federal High Court Judgment obtained on April 26, 2024, by Air Peace employees against the Nigeria Labour Congress (NLC), Trade Union Congress (TUC), NUATE, and the Inspector General of Police.

The court ruling explicitly declared it unlawful and unconstitutional for labor unions to coerce Air Peace staff or attempt to force union membership upon them against their will. It also granted a Perpetual Injunction restraining unions from harassing workers or disrupting Air Peace’s operations, while ordering law enforcement agencies to enforce the protection.

Under Section 40 of the 1999 Constitution of Nigeria, trade union membership is strictly voluntary. According to the airline, over 98 percent of Nigerian airline workers are non-unionized, and Air Peace staff have repeatedly voted against forming or joining a union.

The COO further cautioned that blocking access to controlled terminal zones constitutes an Act of Unlawful Interference under International Civil Aviation Organization (ICAO) rules and Nigerian Civil Aviation Regulations (NCARs).

Olajide warned that individuals identified in security video footage could face international severe consequences, including inclusion on global “no-fly” lists or arrest abroad under international aviation safety conventions.

“Airports are sensitive national assets, and such violence should never be allowed to occur with impunity,” Olajide stated. “This incident has caused deep concern among our international partners and aircraft lessors, raising legitimate questions about confidence in Nigeria’s aviation business environment.”

Air Peace called on the federal government, the NCAA, and law enforcement agencies to launch an immediate, independent investigation using available video evidence to prosecute those responsible for the breach.