AVIATION SAFETY AND SECURITY UNDER THE NIGERIAN CIVIL AVIATION ACT 2006: A CRITIQUE

Abstract

Aviation safety and security constitute top priority of air travellers, the Government of every country and the international community. The concepts are subjects of great international and domestic concerns. They are central to the growth, sustenance and continued relevance of civil aviation. Accordingly, every endeavour is made by the international community in general and Nigeria in particular to ensure safe and secure air operations. In Nigeria, the Civil Aviation Act, 2006 is the principal legislation in the field of Civil Aviation, and it was deliberately crafted to guarantee safe and secure air operations in Nigeria. By the use of doctrinal legal research methodology, this article examined the provisions relevant to aviation safety and security under the Civil Aviation Act, 2006. It was found that though the Act is a good piece of legislation in the field of aviation safety and security, it had its shortfalls. Lack of impressive implementation of the provisions of the Act relating to safety and security; failure to provide for commission of aviation offences by technological means; failure to make adequate provisions to address the offence of irresponsible hoaxes; and failure to provide for the offence of hostage taking of passengers were some of the identified shortfalls of the Act within the context of safety and security. The article called for a change of attitude by the relevant agencies, regarding implementation of the safety and security provisions under the Act. The article also recommended that the Nigerian Civil Aviation Act, 2006 be amended to make provisions for the offences omitted, as well as to make adequate provisions for the offence(s) inadequately provided for, or alternatively, that a distinct legal regime be instituted to address aviation safety and security issues as it is the case in other jurisdictions such as Canada and the United Kingdom, among others.