A Lagos-based legal practitioner, Sheriff Abiodun Adesanya, has filed a lawsuit against Air Peace Limited before the Federal High Court in Lagos, challenging what he described as an unlawful “seat-only” business-class upgrade policy.
The suit, marked FHC/L/CS/364/2026 and assigned to Justice Aneke, raises critical questions on consumer protection, airline transparency, and passenger rights in Nigeria’s aviation sector.
At the centre of the case is whether an airline can charge for a business-class upgrade, provide only premium seating, but deny passengers the full benefits associated with the class without prior disclosure.
Adesanya, who is representing himself, told the court that he paid for a business-class upgrade on a London–Lagos–London trip but was allegedly served economy-class meals and received what he described as “economy-level service.” The incident reportedly occurred on a London Gatwick–Lagos flight and was repeated on the return leg, despite a pre-action notice issued to the airline.
According to court filings, the applicant claims the airline operates a policy where upgraded passengers enjoy only premium seating while retaining economy-class services, including meals. He argued that this limitation was neither disclosed before payment nor reflected in any published terms and conditions.
In the originating summons, Adesanya is seeking declarations that the practice amounts to misrepresentation, unfair treatment, and a breach of statutory consumer protection obligations. The suit cites provisions of the Civil Aviation Act 2022, the Nigerian Civil Aviation Regulations 2023, and the Montreal Convention 1999, alongside claims for refunds and damages.
The applicant also relied on what he described as a written admission from the airline confirming the existence of the “seat-only upgrade” policy, stating that upgraded passengers benefit only from enhanced seating comfort while retaining economy-class services.
However, Air Peace Limited maintained that passengers are informed of such limitations prior to payment, noting that business-class catering is typically pre-ordered.
In response, the airline, through its counsel, Chief Oluwole Afolabi, filed a preliminary objection seeking to strike out the suit. It argued that the case involves disputed facts over what was communicated to the passenger, making it unsuitable for determination by originating summons and requiring oral evidence.
Adesanya opposed the objection, describing it as misconceived and a delay tactic. He maintained that there are no substantial disputes of fact and pointed out that the airline had not filed a counter-affidavit to challenge his claims. He further argued that the objection was filed outside the 31-day period prescribed by court rules, rendering it incompetent.
The court is expected to first rule on the preliminary objection before proceeding to the substantive issues. The case remains pending before the Federal High Court in Lagos, with its outcome likely to set a significant precedent on airline service obligations and passenger rights in Nigeria.
