Lagos lawyer drags Air Peace into court over ‘Seat Only’ Business Class Upgrade Policy (19459000)
A Lagos-based lawyer, Dr Sheriff Abiodun Adesanya has filed a lawsuit against Air Peace Limited at the Federal High Court of Lagos to challenge what he calls an illegal “seat only” policy for business class upgrades.
This suit is marked FHC/L/CS/364/2026, pending in front of Justice Aneke. It raises important questions regarding airline transparency, consumer rights and protection, as well as the Nigerian aviation industry.
The case revolves around whether or not an airline is allowed to sell an upgrade from business class, place the customer in the premium cabin and deny them the services that are typically offered with this class, without prior disclosure.
Adesanya is the plaintiff in this case and represents himself.
He told the court he had paid for an upgrade to business class during his trip from London to Lagos, but he was served meals that were more in line with economy, as well as what he called “economy level service” despite sitting in business-class.
The incident reportedly occurred first on a London Gatwick-to-Lagos flight, and then allegedly happened again on the return trip, despite the fact that the lawyer issued a notice of preaction to the airline.
According to the applicant, the airline has a policy that upgraded passengers can only receive premium seating and not all the services of the business class. The applicant argued this restriction was not disclosed to the passenger before payment, nor did it appear in published terms and condition.
Adesanya seeks several declarations of relief in the original summons. These include a statement that this practice is a misrepresentation and unfair treatment as well as a violation of the consumer protection laws.
This suit is based on the Civil Aviation Act 2022 and Nigerian Civil Aviation Regulations 2023 as well as the Montreal Convention 1999 which all govern airline rights and obligations.
The airline is also liable for damages and refunds, claiming that it failed to deliver services in line with his upgraded class.
The applicant, in a surprising twist of events relied upon what he called a “written admission” by Air Peace that confirmed the existence and policy on the “seat only upgrade”.
According to the document presented as an exhibit in court, passengers who upgrade retain their economy class entitlements including meals while only benefiting from improved seating comfort.
However, the airline maintains that these restrictions are communicated to passengers prior to their payment, and that catering for business class is usually pre-ordered.
Air Peace filed an objection to dismiss the lawsuit through Chief Oluwole Adolabi.
The airline argued that the matter is fact-intensive and involves substantial disputes–particularly regarding what was communicated to the passenger and the nature of the services provided–making it unsuitable for determination by originating summons.
The court was urged to rule that oral testimony and cross-examination are required in such cases.
Adesanya has, on the other hand, opposed this objection and described it as a misconceived attempt at delaying proceedings.
The applicant, in a counter affidavit taken by an associate at his firm’s litigation department, argued there were no disputes about the material facts that required oral testimony and that the airline hadn’t filed a counter affidavit challenging the evidence already before the court.
The applicant cited legal precedents, such as Inakoju V.
Adeleke, and Ajomale V. Yaduat to argue that uncontested affidavit proof should be considered admissible.
The court’s central question, he argued, is one of pure law: whether it’s legal for a carrier to offer a business class upgrade with restrictions without disclosing the limitations in advance.
A procedural objection was also made by the applicant, who claimed that the preliminary objection of the airline had been filed after the prescribed 31 day period, as stipulated in the Federal High Court Rules. This rendered it invalid.
Before addressing the substance of the case, the court will first need to determine whether the objection is valid.
The matter is still pending at the Federal High Court of Lagos as of the date of this report.
