Introduction
The Aviation Industry has in no doubt, contributed greatly to the growth and development of the economy. It in fact, contributed 0.14% to the nation’s GDP in the year 2019, creating jobs, attracting foreign investors, and developing other sectors. Quite unfortunately, this great feat is hindered by various challenges faced by air flight passengers which include flight delays and cancellations, air accidents, loss of baggage among others. This article discusses aviation claims in Nigeria, and how resultant damages are determined.
In line with ensuring that the Aviation Industry is well regulated, the Civil Aviation Act, 2006 and the Nigerian Civil Aviation Regulations, 2015 were enacted to regulate air service, airline operators, among others, with the principal governing body being the Nigerian Civil Aviation Authority.
In the International sphere, considering the global transportation network that aviation provides, Nigeria is a party to the Convention for the Unification of Certain Rules for International Carriage by Air (Montreal Convention) 1999, which is the major international law air treaty governing an air carrier’s liability for damages caused to its passengers, including death. This Montreal Convention of 1999 which replaced the Warsaw Convention, 1929 has been ratified by the Nigerian Legislature in accordance with Section 12, 1999 Constitution of the Federal Republic of Nigeria, and same has been subsequently incorporated into Nigerian Law, via Section 48(1) of the Civil Aviation Act, 2006.
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