Air Peace Dragged to Court Over Controversial Business-Class Upgrade Policy

Wale Igbintade

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

The suit, marked FHC/L/CS/364/2026 and pending before Justice Aneke, raises critical questions about airline transparency, passenger rights, and consumer protection in Nigeria’s aviation sector.

At the heart of the case is whether an airline can lawfully sell a business-class upgrade, seat a passenger in the premium cabin, yet deny the accompanying services typically associated with that 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,” despite sitting in the business-class cabin.

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

The applicant claims the airline operates a policy under which upgraded passengers are entitled only to premium seating, not the full range of business-class services.

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

In the originating summons, Adesanya is seeking several declaratory reliefs, including a pronouncement 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, all of which govern airline obligations and passenger rights.

He is also seeking refunds and damages for the alleged failure to provide services commensurate with the upgraded class.

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

The document, tendered as an exhibit, reportedly stated that passengers who pay for upgrades retain economy-class entitlements, including meals, while benefiting only from enhanced seating comfort.

The airline, however, maintained that passengers are informed of these limitations before payment and notes that business-class catering is typically pre-ordered.

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

The airline argued that the case is fact-intensive, involving disputes over what was communicated to the passenger and the nature of services provided, making it unsuitable for determination by originating summons.

It contended that such issues require oral evidence and cross-examination.

Adesanya has opposed the objection, describing it as misconceived and a deliberate attempt to delay proceedings.

In a counter-affidavit deposed to by a litigation clerk in his law firm, he maintained that there are no substantial disputes of fact requiring oral evidence and notes that the airline has not filed any counter-affidavit to challenge the facts before the court.

Relying on legal authorities, the applicant argued that unchallenged affidavit evidence should be deemed admitted.

He further contended that the central issue is a question of law—whether an airline can sell a restricted business-class upgrade without clearly disclosing service limitations in advance.

He also raised a procedural objection, asserting 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 proceeding to the substantive issues.

As of the time of filing this report, the matter remains pending before the Federal High Court in Lagos.