“Passengers Retain Rights During Airport Security Screening”, Says Legal Expert
*******Airport Security Screening: Aviation expert Warns Against Descrimination, Extortion of Passengers
*******Passenger Rights during Airport Security Screening: Anthony Okolocha Odigwe Esq Tasks Operators, Airliners, NCAA, Others On Protection of Hunan Dignity
By Victor Bieni
An Aviation expert and former Director of Legal Drafting at the Delta State Ministry of Justice, Anthony O. Odigwe, Esq., has said that while airport security screening remains vital to civil aviation safety, it must not be carried out at the expense of human dignity and fundamental rights.
Royal Paradise Media (News Online) learnt this from a renowned legal luminary, Anthony Okolocha Odigwe Esq in a telephone conversation with our reporter today being on Saturday, November 1, 2026 as he shared light on topical issue that brothers on “Passenger Rights During Airport Security Screening,”
Speaking to our reporter, Anthony Okolocha Odigwe Esq noted that, every air traveller must submit to lawful security procedures, which included amongst others are: Identity verification, baggage examination and body screening, but stressed that airports are not lawless territories where constitutional rights disappear.
In his words: “The principal principal legal framework for aviation security in Nigeria is the Civil Aviation Act 2022, particularly Sections 42 to 46, complemented by the Nigeria Civil Aviation Regulations 2023, Part 17 on Aviation Security and Part 19 on consumer rights, alongside international standards under the Chicago Convention and ICAO Annexes 17 and 9”.
“Also, Section 45 of the Act empowers aviation security officers to search persons and baggage, and creates an offence punishable by not less than N500,000 fine for refusal to submit to prescribed search, while Regulation 17.31.1.1 mandates screening for all persons entering sterile or security-restricted areas”.
“And constitutional protections under Sections 34, 35, 36, 37, 38, 41, 42 and 46 of the 1999 Constitution remain applicable, covering dignity of human person, personal liberty, fair hearing, privacy, freedom of religion, movement and freedom from discrimination, subject only to permissible restrictions under Section 45”.
“Section 42(2) of the Civil Aviation Act and Regulation 17.63.1.5(c) expressly require courteous, vigilant and efficient treatment of passengers. The screening must be conducted by authorized personnel who meet training standards under Regulation 17.31.1.3 and must not involve insults, intimidation or humiliation”.
“On physical searches, pat-downs and body scans are lawful where security concerns arise, but intrusive searches require clear legal authority, privacy and supervision. Section 89(3) of the Act provides that a woman shall only be searched by a woman in urgent searches without warrant, and that sexual harassment or indecent assault under guise of screening is unlawful”.
“No doubt , baggage inspection must be for aviation security purposes only and not for curiosity or embarrassment, while screening of phones and laptops as physical objects does not automatically confer power to unlock devices or read private contents, with such requests to be assessed under applicable laws including the Nigeria Data Protection Act 2023”.
“We must warn against discriminatory screening and extortion. Also, selection for additional checks must be based on legitimate security reasons rather than ethnicity, religion, sex or dress. And demand for unofficial payments to clear passengers or overlook prohibited items undermines aviation security integrity”.
“On the part of vulnerable groups, which included amongst others are: Women, children, persons with disabilities and those in religious attire as regards the screening should respect dignity, privacy and medical needs. Also, pregnancy, use of wheelchairs or prosthetic devices does not exempt a passenger from lawful security requirements”.
“On seizure of property, arrest and evidence, the difference between items prohibited in cabin baggage and unlawfully seized property is cited in Section 89(2) on documentation of seized items. In clarity, that denying access to sterile areas under Regulation 17.32 is an access-control measure, not an arrest, while powers of arrest under Section 89(1)(h) must comply with constitutional safeguards”.
“Therefore, Airport operators, airlines and the Nigeria Civil Aviation Authority share responsibilities for implementing security programmes and ensuring compliance. I advise passengers who suffer abuse, loss of property or unlawful detention to promptly document incidents, request preservation of CCTV footage, identify agencies involved and seek redress in court under Section 46 of the Constitution or through appropriate complaint channels”, An Aviation expert and Anioma, Deltan born Legal ICON concluded.