A Lagos-based lawyer, Dr. Sheriff Abiodun Adesanya, has dragged Air Peace Limited before the Federal High Court in Lagos, accusing the airline of unlawfully operating a “seat-only” business class upgrade policy that allegedly misleads passengers.
The suit, pending before Justice Chukwujekwu Aneke, questions the transparency and fairness of Air Peace’s practice of selling premium cabin seats while providing only economy-class meals and service levels, without clear prior disclosure.
Adesanya, who is representing himself, claims he purchased a business class upgrade for a London Gatwick–Lagos–London round trip but was served economy meals and given what he described as economy-level treatment on both legs of the journey.
He alleged this occurred even after he served the airline with a pre-action notice.According to court documents, the lawyer argues that Air Peace’s policy of offering upgraded seating without the full complement of business class services amounts to misrepresentation and a breach of consumer protection laws.
He is seeking declaratory reliefs, refunds of the upgrade fee, and damages.The claim invokes key aviation regulations, including the Civil Aviation Act 2022, the Nigerian Civil Aviation Regulations 2023, and the Montreal Convention 1999, which outline airlines’ obligations to passengers.
Air Peace, through its counsel Chief Oluwole Afolabi, has filed a preliminary objection, urging the court to strike out the suit.
The airline contends that the matter involves disputed facts that cannot be resolved through an originating summons and requires oral evidence and cross-examination.
It maintains that passengers are informed of the upgrade limitations before payment and that business class catering is typically pre-ordered.Adesanya has strongly opposed the preliminary objection, describing it as an attempt to delay justice.
In a counter-affidavit, he argued there are no material factual disputes, insisting the core issue is a pure question of law: whether an airline can sell a restricted business class product without full disclosure. He also raised a procedural challenge, claiming the airline’s objection was filed outside the time allowed by the Federal High Court Rules.
The court is expected to first rule on the preliminary objection before proceeding to the main suit.
The case has sparked fresh debate about passenger rights, pricing transparency, and service standards in Nigeria’s aviation industry.
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