…Airline says protest violated subsisting court order, left employees injured
Questions over airport security, compliance with judicial orders and the protection of workers’ rights have come under fresh scrutiny after Air Peace alleged that violent union picketing at the nation’s airports caused losses of more than $2 million and disrupted the travel plans of thousands of passengers.
The airline accused aviation unions of violating a subsisting Federal High Court order by staging a protest that allegedly resulted in the assault of employees, the disruption of flight operations and unauthorised access to restricted airport areas.
Addressing journalists in Lagos on Wednesday, Air Peace Chief Operating Officer, Oluwatoyin Olajide, described the incident as an unlawful interference in the airline’s operations and called on the Federal Government, security agencies, airport authorities and aviation regulators to conduct a thorough and independent investigation.
Olajide said the unions had justified the picketing on two major grounds: the alleged non-remittance of the five per cent Ticket Sales Charge (TSC) to the Nigerian Civil Aviation Authority (NCAA) and the non-unionisation of employees in Nigerian airlines.
She, however, questioned why Air Peace was singled out when the issues raised by the unions affected several operators across the industry.
According to her, the Director-General of the NCAA had publicly stated that airlines were complying with the authority’s directives regarding the payment of the statutory charge.
She explained that airlines and the NCAA had already agreed on a structured framework for settling outstanding obligations, adding that the arrangement was still in progress.
“If the issue is industry-wide, why was Air Peace singled out for violent and disruptive picketing”? she asked.
Olajide maintained that Air Peace was not the only airline with outstanding obligations and argued that the unions had no justification for targeting a single operator.
On the issue of unionisation, she said employees of the airline had exercised their constitutional right by choosing not to belong to any labour union.
She stressed that the airline did not prevent workers from joining any union and had merely respected the decision made by its employees.
“Our staff have made it abundantly clear that they do not wish to form any union within Air Peace. We did not stop them. They made that choice themselves”, she said.
The COO also claimed that more than 98 per cent of Nigerian airlines did not operate with labour unions, making the decision to picket Air Peace even more questionable.
According to her, video evidence showed some union members advising passengers not to fly Air Peace while encouraging them to patronise other airlines that were equally alleged to have outstanding obligations to the NCAA and did not operate with labour unions.
Employees Assaulted
The airline alleged that several employees were physically assaulted during the protest.
Olajide said one female employee was attacked and left bleeding while peacefully expressing her right to work.
She described the incident as disturbing and questioned how workers’ rights could be defended through violence against fellow workers.
“We asked ourselves how workers’ rights could be defended by violently attacking workers who were exercising their constitutional rights”, she said.
She added that the airline had video recordings of the incident, including evidence of the assault on the injured employee.
Security Questions
The airline also raised concerns about airport security, questioning how protesters gained access to airport facilities and disrupted operations within what it described as a highly controlled environment.
Olajide said airports remained strategic national assets and should never be vulnerable to violent disruptions.
She further disclosed that the incident had raised concerns among the airline’s international partners and aircraft lessors, who had begun to question confidence in Nigeria’s aviation business environment.
The disruption, according to her, affected thousands of passengers and resulted in direct financial losses exceeding **$2 million**, excluding compensation claims that could arise from passengers whose travel plans were disrupted.
“Our passengers also have constitutional rights, including the right to travel without unlawful interference”, she e said.
Court Order
Air Peace also relied on a Federal High Court judgment delivered on April 26, 2024, to support its position.
Olajide presented extracts of the judgment delivered by Justice Akintayo Aluko in Suit No. FHC/L/CS/1344/2023.
According to the judgment, the constitutional right to freedom of association does not compel any individual to join a particular trade union.
The court further declared that Air Peace employees could not be forced or coerced into joining any union against their wishes.
The judgment also granted a perpetual injunction restraining labour unions, their officers, agents and representatives from harassing Air Peace employees directly or indirectly, or from instigating actions capable of threatening their lives, freedom of movement and property.
In addition, the court directed the Nigeria Police Force to ensure compliance with the judgment and maintain peace and order.
Olajide argued that the unions had no legal basis for embarking on the protest in view of the existing court order.
She further described the action as a violation of both NCAA and International Civil Aviation Organisation security regulations.
According to her, acts of unlawful interference within airport facilities attract sanctions under existing aviation laws.
TSA Dispute
Responding to questions on the amount allegedly owed by Air Peace, Olajide declined to disclose any specific figure.
She explained that aviation charges were determined through an invoicing system under which invoices were issued after services had been rendered.
Olajide also dismissed figures circulating online regarding the airline’s alleged indebtedness, describing them as inaccurate.
According to him, Air Peace remained one of the largest contributors to aviation agencies because of the volume of its operations.
“No other airline has contributed to the agencies the way Air Peace has done because of our capacity and the number of flights we operate”, she said.
The airline, therefore, called on the Federal Government, security agencies, airport authorities and regulators to investigate the incident and bring those responsible to justice.
Olajide insisted that the issue was not about opposing organised labour but about protecting constitutional rights, ensuring employee safety, safeguarding passengers and upholding the rule of law.
“Nigeria’s aviation industry is too important to allow such an incident to become a precedent”, she said.