The Nigerian aviation sector faces a significant challenge regarding passenger rights and compensation, particularly concerning flight delays and baggage loss. While regulatory frameworks, including the Civil Aviation Act of 2006 and the Montreal Convention of 1999, exist to protect passengers, a considerable gap persists between the established rights and their practical enforcement. This discrepancy leaves many travellers unaware of their entitlements and struggling to access compensation when faced with travel disruptions. Insurance expert Ade Adesokan highlights the low uptake of travel insurance as a key contributor to this issue, leaving passengers vulnerable to financial losses.
A core problem lies in the voluntary nature of travel insurance within Nigeria. Unlike compulsory third-party motor insurance, which is mandated for public safety and liability reasons, air travel insurance remains largely optional. This contrasts with practices in some other countries where a basic level of travel protection is integrated into the ticket price. Consequently, many Nigerian passengers forgo this crucial safeguard, rendering them financially exposed when faced with flight delays, baggage loss, or other travel-related inconveniences. The lack of a dedicated body to oversee and enforce passenger insurance compliance within the aviation sector further exacerbates the challenge. While road safety regulations benefit from active monitoring and enforcement by agencies like the Federal Road Safety Corps, no comparable entity exists to ensure adherence to passenger protection measures in air travel.
The absence of robust enforcement mechanisms and the optional nature of travel insurance contribute to a pervasive perception among the public that such coverage is a luxury rather than a necessary precaution. This perception hinders the widespread adoption of travel insurance, perpetuating the vulnerability of passengers to financial losses when their journeys are disrupted. Adesokan argues that effectively addressing these challenges requires a multi-pronged strategy involving strengthened regulatory enforcement, enhanced airline accountability, and, crucially, comprehensive public awareness campaigns. These campaigns are essential to educate travellers about their rights and the importance of securing travel insurance.
The existing regulatory framework, stemming from the Civil Aviation Act of 2006 and the Montreal Convention of 1999, provides a foundation for passenger protection. These regulations stipulate compensation for lost baggage based on weight, capped at approximately $1,800 per passenger under the Montreal Convention. For flight delays exceeding three hours, the Nigerian Civil Aviation Authority (NCAA) mandates airlines to provide refreshments, accommodation, and financial compensation. The NCAA has also recently introduced fines for airlines that delay passengers’ luggage, further reinforcing the regulatory framework. However, the effectiveness of these regulations is hampered by limited awareness among passengers and inconsistent enforcement.
Adesokan advocates for a more proactive approach by the NCAA and other relevant authorities. He suggests that the NCAA could emulate bodies like the Federal Road Safety Corps in actively promoting awareness and ensuring compliance with passenger protection regulations. This could involve public service announcements, educational materials, and collaborations with travel agencies and airlines to inform passengers of their rights. Simultaneously, airlines should be held accountable for adhering to these regulations, with consistent and transparent enforcement mechanisms in place to address violations. The combination of increased public awareness and robust enforcement is essential to ensure that passengers are adequately protected and can exercise their rights effectively.
Ultimately, a concerted effort involving regulatory bodies, airlines, and passenger advocacy groups is needed to bridge the gap between passenger rights and their realization in Nigeria’s aviation sector. By educating the public, strengthening enforcement mechanisms, and promoting accountability within the industry, Nigeria can move towards a more passenger-centric aviation environment where travellers are not only aware of their rights but can also confidently exercise them when necessary. This will enhance the overall travel experience and contribute to a more robust and equitable aviation sector in Nigeria.
