Lawyer Drags Air Peace To Court Over ‘Unlawful’ Business-class Upgrade Policy

A Lagos-based legal practitioner, Dr Sheriff Abiodun Adesanya, has instituted a suit against Air Peace Limited before the Federal High Court in Lagos, challenging what he described as an unlawful “seat-only” business-class upgrade policy.

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Naija News reports that the case, marked FHC/L/CS/364/2026 and pending before Justice Aneke, centres on issues of consumer protection, airline transparency and passenger rights within Nigeria’s aviation sector.

At the heart of the suit is whether an airline can lawfully sell a business-class upgrade, seat a passenger in the premium cabin, but deny the associated services 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 termed “economy-level service.”

According to court documents, the incident first occurred on a London Gatwick–Lagos flight and was allegedly repeated on the return leg, despite a pre-action notice issued to the airline.

The applicant argued that the airline operates a policy where upgraded passengers enjoy only premium seating while retaining economy-class entitlements, including meals.

He contended that this limitation was neither disclosed prior to payment nor reflected in any published terms and conditions available to passengers.

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 invokes provisions of the Civil Aviation Act 2022, the Nigerian Civil Aviation Regulations 2023 and the Montreal Convention 1999.

The lawyer is also seeking refunds and damages for the alleged failure of the airline to provide services commensurate with the upgraded class.

In a twist, the applicant relied on what he described as a written admission by the airline confirming the existence of the “seat-only upgrade” policy.

The document, tendered as evidence, reportedly states that upgraded passengers benefit only from enhanced seating comfort while retaining economy-class services.

However, Air Peace maintained that passengers are informed of such limitations before payment, adding that business-class catering is typically pre-ordered.

Air Peace Files Objection

In response, the airline, through its counsel, Chief Oluwole Afolabi, filed a preliminary objection seeking to strike out the suit.

It argued that the matter is fact-intensive and involves disputes over what was communicated to the passenger, making it unsuitable for determination by originating summons.

The airline urged the court to hold that such issues require oral evidence and cross-examination.

Adesanya, however, opposed the objection, describing it as misconceived and an attempt to delay proceedings.

In a counter-affidavit, he maintained that there were no substantial disputes of fact requiring oral evidence and noted that the airline had not filed any counter-affidavit to challenge his claims.

Citing legal authorities, including Inakoju v. Adeleke and Ajomale v. Yaduat, he argued that unchallenged affidavit evidence should be deemed admitted.

The applicant also raised a procedural objection, contending that the airline’s preliminary objection was filed outside the 31-day period prescribed by the Federal High Court Rules, rendering it incompetent.

The court is expected to first determine the preliminary objection before delving into the substantive issues raised in the suit.

Naija News reports that the matter remains pending before the Federal High Court in Lagos, as of the time of filing this report, with its outcome likely to set a precedent on airline service obligations and passenger rights in Nigeria.