Impact of The Convention for The Unification of Certain Rules for International Carriage by Air 1999 To The Nigerian Aviation Industry: A Legal Examination

Abstract

Flying has become the easiest, quickest, and safest means of long-distance travel for business and leisure purposes. This paper examines the legal impact of the Convention for the Unification of Certain Rules for International Carriage by Air 1999 (CUCRICA 1999) on Nigeria’s aviation industry, focusing on how it shapes the rights and obligations of the air carrier and the consumer/passenger within the contract of carriage. Using a doctrinal research methodology, the paper analyses primary and secondary sources such as the Civil Aviation Act 2022 (CAA 2022), Nigeria Civil Aviation Regulations 2023, relevant international instruments, and scholarly materials. The study finds that CUCRICA 1999 is a pivotal legal framework in Nigeria’s aviation jurisprudence, establishing uniform standards for compensation and liability in cases of delay, injury, or death occurring during embarkation/disembarkation or boarding. It observes that while the Convention has been domesticated under the CAA 2022, Nigeria’s liability limits remain outdated compared to current International Civil Aviation Organisation (ICAO) standards. The paper recommends that the National Assembly amend Articles 22 and 24 of the Second Schedule to the CAA 2022 to reflect the 2024 ICAO Revised Limits of Liability and advocates the use of AIbased mechanisms to ensure prompt legal remedy and instant compensation for air passengers without unnecessary litigation.