By Ebun-Olu Adegboruwa, SAN
Senator Oshiomole and AirPeace
The brickbat between one of Nigeria’s foremost carriers, AirPeace and the Senator representing Edo North in the National Assembly, Comrade Adams Oshiomole, has thrown up some of the real issues confronting the aviation sector in Nigeria. AirPeace first gave some vivid description of what transpired at the Zulu terminal of the Murtala Muhammed Airport. On that fateful day, it was said that the Comrade Senator could not board the flight because he arrived after the boarding time. For the Comrade Senator, he arrived on time and he did what he did to protest the airline’s style of racketeering and exploitation of passengers. Whichever version of the event is true, certain issues have to be addressed urgently, for the protection of the public and the huge investments of the airline operators. It was good that this happened to the Comrade Senator, who has the clout and experience to tackle it but I think both parties could have acted differently. It is commendable that the federal government has set up a probe into the unfortunate encounter and we await the outcome thereof.
The Challenges of Domestic Air Travel
Undoubtedly, many travelers must have suffered the same or similar fate as the Comrade Senator, either by way of late arrival after the boarding time had passed, cancellation or rescheduling of flights or some other issues making it impossible or frustrating to fly. Not too long ago, we read of the case of an airline that booked and checked in passengers to fly to Abuja but ended up in Asaba. For one reason or the other, many passengers do not follow the rules regulating domestic travels, especially as to early arrival at the airport at least two hours to the time of departure.
This is not the case with international travels, wherein some passengers arrive five hours ahead of their scheduled departures. It is still about the impunity of leaders, whereby it is convenient to obey the same set of rules outside the jurisdiction but the same rules are flagrantly flouted locally. Having said that, I verily believe that the rules are skewed against passengers in favour of the airlines. If you have any reason to miss your flight, the airlines apply the arbitrary rule of “no show”, for which you are automatically penalized on record. But where the flight is cancelled by the airline due to no fault of the passenger, the rule still favours the airline, as there is no penalty for the cancellation, no compensation to passenger and even when the same ticket is to be used for future flights, the passenger will still be penalized to pay the difference. It is all about our weak institutions which have no will power to enforce the laws.
Delayed Flights and Arbitrary Cancellations
I had cause to travel with an airline and I booked my ticket online. The flight was scheduled for 11 a.m. and I arrived at the airport well ahead of my departure time. A fellow Senior Advocate was also at the airport with me, but was booked with another airline. He was told that his flight had been cancelled, so he quickly made arrangements for his agent to book the same airline that I was scheduled to fly with. A little while thereafter, we were informed that my own flight had been cancelled, right at the time of boarding. For this flight, passengers travelled from other neighbouring towns to be on it. We were told that the aircraft developed some technical problems the previous day and the airline decided that it was not safe to fly. Meanwhile, the agent of my Learned Brother Silk sent him a ticket duly paid for on the same flight that I was scheduled to board.
The airline knew well ahead the day before that it would not fly. Yet, it could not reach out to its passengers who travelled from far locations to get to the airport and it could not notify us well ahead of time so as to make alternative arrangements, thus wasting precious time and energy. Worst of all, the airline still sold a ticket for the same flight to my Learned Brother Silk a few minutes to the boarding time, when it knew well ahead that it would not fly. You need to see the frustration and disappointment on the faces of the passengers who had been shortchanged.
Elongated Flight Shuttles
At another time, I was scheduled to board another flight to Lagos and I booked online. The aircraft arrived a little late and we commenced boarding. I noticed the gloom on the faces of the people already seated in the aircraft. Suddenly, there was an announcement from the hostess, offering apology to the passengers for bringing them to Akure from Abuja. They were originally booked to go to Ilorin from Abuja and it was when they got to Akure that the airline informed them of the diversion. On my own part, I booked the same airline from Akure to Lagos but I had to be taken to Ilorin first before heading to Lagos. A journey of twenty-five minutes took about one hour and a half. I was informed that the same airline at times shuttles between Abuja, Uyo, Akure and then Lagos.
And this is not peculiar to one airline as there are others shuttling between Lagos, Ilorin, Abuja and then Akure, charging differently for these routes on the same day and with the same aircraft. What some airlines do is to enforce the boarding time closure strictly but they would have generated a long list of potential passengers in their order of preference. As soon as the boarding time is past, these new passengers are offered the vacant tickets at the prevailing rate. This way, the airline enjoys double profit, charging a penalty for the cancelled ticket and selling the same ticket at a higher price. For some of the airlines, this can be an incentive to always enforce boarding time regulations whimsically against their passengers. There are other cases of arbitrary change of seats, inexplicable flight cancellations, missing luggage, overbooking and issuance of multiple tickets for the same seat, leading to constant friction and struggles between passengers. The list is endless and passengers are always at the receiving end.
Consideration for Airline Operators
I understand however that the airline business is a huge investment that comes with a lot of costs, in constant maintenance, multiple taxes, decayed infrastructure, corruption of regulating agencies and cost of services. I have myself wondered on a number of occasions when I boarded flights that were not even half full, especially in the remote routes where passenger traffic is very low. This will result in monumental losses for the operators. There are also the problems of inflation and the exchange rate volatility. Many of the aircrafts are on lease based on agreements settled in foreign currencies. When it is realized that these ventures are meant to guarantee return on investments, then there is need to give due consideration to the plight of the airline operators, howsoever that such will not lead to corporate extortion. The airlines complain of multiple taxes by different government agencies, inconsistent policy regulations, absence of necessary infrastructure and the cost of maintenance. Constant engagements between the regulators and the airline operators should be encouraged to address these issues for the benefit of all.
Suggested Solutions
The authorities must act swiftly and urgently to protect everyone involved in the business, both the operators and the passengers. A manual should be developed to serve as the Aviation Book, detailing the roles and responsibilities of the airlines and the passengers. This should be made available online and the hard copies should be affordable and readily accessible. It should be rendered in plain, simple language that the ordinary person can relate with. It will become the manual for air travels which will be given universal application by all stakeholders. Following after this would be a robust and holistic overhaul of the complaint mechanisms for passengers to seek redress. The absence of a functional and an effective dispute resolution process is part of the reasons for the impunity being experienced across the airlines. Enforcement of penalties would thus serve as deterrence and a disincentive against undue exploitation.
A Word for Senator Oshiomole and AirPeace
As a member of the National Assembly responsible for promulgating the laws regulating the aviation sector, the Comrade Senator should have erred on the side of due process of law. If all passengers and citizens decide to take the law into their hands, a situation of uncontrollable lawlessness will ensue and this will not augur well even for the passengers that he claimed to be protecting. It was not surprising therefore that a few days after this imbroglio, some other passengers were arrested for attempting to replicate the inglorious Oshiomole strategy. Would he have attempted such gangsterism if he was not a sitting Senator? Imagine the losses and disruptions caused to the airline and other passengers from this avoidable descent to self-help. For AirPeace, there is a need for the owners to sit down to undertake a holistic re-appraisal of its strategy and methods. The goal of air travel should be for the safety and comfort of the passengers.
The arbitrariness, rowdiness, racketeering and touting associated with the airline should be addressed urgently in the overall interest of the flying public and Nigeria. Reading through the press statements so far issued by AirPeace on this matter, I could not but wonder if the airline is bothered about its corporate image. The tone of those statements was unduly combative, unapologetically aggressive and totally undeserving. They could not even acknowledge the esteemed rank of the Comrade Senator as an officer of the Federal Republic! For a corporate entity to descend to such a level of abyss and linguistic indecency says a lot about its mission and vision. There has to be some minimum standard of decorum expected of such an organization that is dealing with the public and priding itself as the flagship of the air industry in Nigeria.
The views expressed by contributors are strictly personal and not of Law & Society Magazine.
