The arrest and indefinite no-fly ban imposed on Comfort Emmanson, an Ibom Air passenger accused of assaulting airline crew, has caused concerns, with legal practitioner, Barrister Jael Abutu, describing the incident as a case that raises questions of selective justice and constitutional violations.
Speaking to The News Chronicle on Tuesday, Barrister Abutu said that while she had yet to hear Emmanson’s own account, the facts so far suggested a troubling disparity in how justice is applied in Nigeria’s aviation sector.
“From the little I know, Kwam 1 [Fuji musician Wasiu Ayinde Marshal] did worse and was supposed to face a ban or suspension for up to two years, but nothing like that was done. Obviously, this is selective justice,” she said.
According to Ibom Air, the incident occurred on Sunday, August 10, 2025, aboard flight Q9 303 from Uyo to Lagos when Emmanson allegedly refused repeated instructions to switch off her mobile phone during takeoff preparations.
Matters grew worse after another passenger turned off the device, leading to a heated altercation. The airline alleged that she assaulted a crew member and even attempted to use a fire extinguisher as a weapon; a conduct they described as “potentially endangering the aircraft.”
Emmanson was arrested, charged in court, and remanded at the Kirikiri Correctional Centre in Lagos. Ibom Air banned her indefinitely, and the Airline Operators of Nigeria (AON) placed her on a lifetime no-fly list across all member airlines.
Barrister Jael, however, stressed that the situation is far from clear-cut.
“She was also assaulted and her indecent pictures circulating on social media violated her rights under Chapter IV of the Constitution. The crew members responsible for that are supposed to be adequately dealt with,” she said.
While acknowledging that Emmanson was wrong for assaulting a crew member, if proven, Abutu argued that the law demands a deeper look at mitigating factors.
“Several factors are to be considered: Did something prompt her reaction? Is she mentally fit? And why was Kwam 1 not also punished if the rule of law is really respected? If she has a good lawyer, he could prove her dignity was trampled and use Kwam’s case as a reference to show that the law only seems to apply to those without name or connections,” she noted.
Her remarks is similar to the concerns raised by human rights activist Aisha Yesufu, who accused authorities of double standards, pointing to past cases involving high-profile figures such as Kwam 1 and former Edo State Governor Adams Oshiomhole, neither of whom faced arrest or bans after alleged misconduct aboard aircraft.
Yesufu also condemned the manner of Emmanson’s arrest, alleging that security personnel dragged her across the floor, tearing her clothes and exposing her breasts.
“That is sexual harassment… you have humiliated her and now she will forever live with that trauma,” she added.
Prominent lawyer Pelumi Olajengbesi also faulted AON’s action, calling it “reckless and unconstitutional.”
No provision of the Civil Aviation Act, 2022, nor any other extant law in Nigeria, empowers the AON, a mere voluntary trade association, to impose a no-fly ban on any individual,” he said in a statement on Monday.
Olajengbesi argued that only the Nigerian Civil Aviation Authority (NCAA) has statutory authority to impose flight restrictions under Sections 31 and 32 of the Civil Aviation Act. He further accused the authorities of abusing judicial process by hastily arraigning and remanding Emmanson without affording her adequate time to prepare a defence, in violation of Section 36 of the 1999 Constitution.
However, the AON has defended its stance, saying unruly passenger behaviour will no longer be tolerated and urging the Federal Airports Authority of Nigeria (FAAN) to harden in-flight security.
Barrister Jael Abutu concluded that only a fair hearing of Emmanson’s side could lead to a just resolution.
“We can only give a definite position when her own side of the story is heard,” she told The News Chronicle.
The case returns to court later this month.
