Sunday Southerner – Aviation Business
Lessons from COVID-19, Reforms for Nigeria and a Proposed Passenger Rights Charter
Introduction
The COVID-19 pandemic demonstrated how quickly a public health emergency can disrupt transportation and affect the lives of millions of travellers.
Travel restrictions, flight cancellations, quarantine requirements and changing entry conditions placed considerable pressure on passengers, airlines and governments. The experience highlighted the importance of preparedness, clear communication and coordination between public health authorities and the transportation industry.
It also raised an enduring question: how can Nigeria prepare for future public health emergencies without unnecessarily exposing passengers to financial hardship, arbitrary restrictions or violations of their rights?
The answer lies in effective legislation, responsible administration, transparent communication and a passenger protection system that remains operational even during a crisis.
1. Lessons from the COVID-19 Pandemic
The COVID-19 pandemic exposed weaknesses in passenger protection across the world.
Passengers experienced changing travel requirements, widespread cancellations, uncertainty over refunds, quarantine expenses and difficulty returning home.
The pandemic demonstrated several important lessons.
First, emergency rules must be clear. Conflicting instructions create confusion, increase the risk of non-compliance and cause unnecessary hardship.
Second, passengers need clarity about financial consequences. Where a journey becomes impossible, the applicable rules concerning refunds, rebooking and assistance should be communicated.
Third, vulnerable passengers require particular attention. Children, persons with disabilities and travellers with urgent medical needs may experience disproportionate hardship.
Fourth, privacy must be protected. Contact tracing and health screening should not become opportunities for unnecessary disclosure of personal information.
Fifth, restrictions must be reviewed. Emergency measures should respond to the actual level of risk and should not continue without appropriate justification.
Sixth, legal remedies must remain accessible. A public health emergency should not leave passengers without a meaningful means of challenging unlawful treatment.
The experience reinforced a fundamental principle: public health measures must remain accountable to the law.
1. Develop a Clear Public Health Passenger Protection Framework
Nigeria should consider developing a coordinated framework addressing passenger rights during public health emergencies.
The framework should clarify the respective responsibilities of the Nigeria Civil Aviation Authority, airlines, airport operators, public health agencies and other relevant bodies.
It should identify the authorities empowered to impose compulsory measures, the procedures to be followed and the responsibilities for passenger assistance.
Such a framework should complement existing legislation rather than create confusion through overlapping or contradictory requirements.
It should also distinguish between emergency powers, ordinary aviation consumer protection rules and the contractual rights of passengers.
1. Require Written Reasons for Health-Related Denial of Boarding
Where practicable, passengers refused boarding for public health reasons should receive a written explanation identifying the relevant requirement or restriction.
The explanation should also identify available procedures for review, complaint, refund or rebooking.
This would promote transparency, reduce arbitrary decisions and make subsequent complaints easier to investigate.
A clear record of the decision would also help airlines demonstrate that their actions were based on the applicable requirements rather than unsupported assumptions.
1. Clarify Refund and Assistance Obligations
The applicable framework should clearly distinguish cancellations caused by government restrictions, airline operational failures, passenger decisions and other circumstances.
Passengers should be able to understand what they may receive in each situation, including refunds, alternative travel and assistance, subject to the governing law.
Clear rules would reduce disputes and help airlines handle emergencies consistently.
They would also make it easier for passengers to plan their finances and understand their options when a journey cannot proceed.
1. Establish a Prompt Review Mechanism
Where a passenger disputes the factual basis of a health restriction, an accessible review process could help correct errors and prevent unnecessary detention or financial loss.
Such a process should not obstruct genuinely urgent public health action. Its purpose should be to ensure that disputed decisions can be reviewed promptly and that restrictions are reconsidered when circumstances change.
The framework should also identify the appropriate authority to handle urgent complaints and establish clear procedures for addressing them.
1. Strengthen Protection of Medical Data
Airlines, airports and public health authorities should adopt clear procedures for collecting, storing, using and sharing passenger health information.
These procedures should provide appropriate security, access controls, accountability and lawful disclosure.
Passengers should have an accessible channel for raising concerns about the handling of their personal information.
The Nigeria Data Protection Act 2023 provides an important part of the relevant legal framework where it applies. Public health objectives and privacy safeguards should be considered together rather than treated as mutually exclusive.
1. Protect Vulnerable Passengers
Emergency plans should specifically address the needs of children, older passengers, persons with disabilities and people requiring urgent medical support.
Staff training should cover accessible communication, emergency assistance and respectful treatment of passengers subjected to health restrictions.
Where reasonable accommodation is possible without undermining a valid safety requirement, it should be considered in accordance with the applicable law.
The purpose is to ensure that public health measures do not unnecessarily exclude people who can travel safely with appropriate support.
1. Improve Public Communication
Nigeria should encourage a coordinated public information system through which passengers can verify current health requirements using reliable official sources.
The system should identify the issuing authority, the effective date, the scope of the requirement, applicable exemptions and procedures for obtaining assistance.
Clear communication is particularly important where requirements differ between departure points, transit countries and destinations.
Passengers should not have to depend on rumours or unofficial messages to understand rules that may determine whether they can travel.
1. Maintain Accountability
Emergency measures should be subject to appropriate monitoring and review.
Where an authority or transport operator acts unlawfully, there should be a credible process for investigating the complaint and providing appropriate relief where the law permits.
Accountability strengthens public confidence in the institutions responsible for protecting society.
It also encourages better decision-making, improves institutional learning and helps identify weaknesses before a future emergency occurs.
1. A Proposed Public Health Emergency Passenger Rights Charter for Nigeria
Nigeria could consider adopting a dedicated charter to guide airlines, airport authorities, public health agencies and other transport operators during public health emergencies.
The following principles are proposed for consideration. They are not presented as an existing Nigerian statute.
Principle One: Legality and Necessity
No compulsory health restriction should be imposed without an appropriate legal basis and justification under the applicable law.
*Anthony O. Odigwe, Esq is a
former Director, Legal Drafting Department, Ministry of Justice, Delta State_
*To be continued*
