Air Peace Faces Suit Over Alleged “Seat‑Only” Business Class Upgrade
A Lagos‑based legal practitioner, Dr. Sheriff Abiodun Adesanya, has instituted proceedings against Air Peace Limited at the Federal High Court, Lagos, challenging what he terms an unlawful “seat‑only” business‑class upgrade policy.
The suit, FHC/L/CS/364/2026, currently before Justice Aneke, raises fundamental issues of airline transparency, consumer protection, and passenger rights within Nigeria’s aviation sector.
At the core of the dispute is whether an airline may lawfully sell a business‑class upgrade that provides premium seating but withholds the full range of business‑class services—such as catering and cabin privileges—without prior disclosure to passengers.
Dr. Adesanya, appearing in person, alleges that on a London–Lagos–London trip he paid for a business‑class upgrade but was served economy‑class meals and received what he described as “economy‑level service,” despite being seated in the business‑class cabin. According to filings, the incident occurred first on the London Gatwick–Lagos leg and was repeated on the return flight, even after he issued a pre‑action notice.
The applicant contends that Air Peace operates a policy under which upgraded passengers enjoy only premium seating, not the full suite of business‑class entitlements. He argues that this limitation was neither disclosed before payment nor reflected in any published terms and conditions.
In his originating summons, Adesanya seeks declaratory reliefs that the practice amounts to misrepresentation, unfair treatment, and breach of statutory consumer protection obligations. He relies on the Civil Aviation Act 2022, the Nigerian Civil Aviation Regulations 2023, and the Montreal Convention 1999. He also seeks refunds and damages for failure to deliver services commensurate with the upgraded class.
Significantly, the claimant tenders as evidence what he describes as a written admission by the airline confirming the existence of the “seat‑only upgrade” policy, which states that upgraded passengers retain economy‑class entitlements; including meals—while benefiting only from enhanced seating.
Air Peace, represented by Chief Oluwole Afolabi, has filed a preliminary objection urging the court to strike out the suit. The airline argues that the matter is fact‑intensive, requiring oral testimony and cross‑examination, and therefore unsuitable for determination by originating summons.
Adesanya has opposed the objection, insisting that there are no material disputes of fact and that the airline has not filed any counter‑affidavit to challenge his evidence. He further contends that the objection was filed outside the 31‑day period prescribed by the Federal High Court Rules, rendering it incompetent.
The court is expected to rule first on the preliminary objection before addressing the substantive issues. The matter remains pending before the Federal High Court in Lagos.
