Section 28 Civil Aviation Act 2022
Section 28 of the Civil Aviation Act 2022 is about Power of the Minister to make orders in emergency. It is under Part VI (Ministerial Powers and Directions) of the Act.
(1) In time of war, whether actual or imminent or where a proclamation of emergency under the Constitution is in force in the Federal Republic of Nigeria or any part of it, where the Minister is of the opinion that in the interest of public safety or tranquility, the issue of all or any of the following orders is expedient, he may by notification in the Federal Government Gazette—
(a) cancel or suspend, either absolutely or subject to such conditions as he may think fit to specify in the order, all or any licences, permits, certificates or other authorisations issued under this Act ;
(b) prohibit either absolutely or subject to such conditions as he may think fit to specify in the order, or regulate in such manner as may be contained in the order, the flight of all or any aircraft or class of aircraft
over the whole or any part of Nigeria ;
(c) prohibit, either absolutely or conditionally, or regulate the erection, maintenance or use of any aerodrome, aircraft factory, flying-school or club, or place where aircraft is manufactured, repaired or kept, or any class or description of it ;
(d) direct that any aircraft or class of aircraft, or any aerodrome, aircraft factory, flying school or club, or place where aircraft is manufactured, repaired or kept, together with any machinery, plant, material or thing used
for the operation, manufacture, repair or maintenance of aircraft shall be delivered, either forth with or within a specified time, to such authority and in such manner as he may specify in the order, to be at the disposal of the Federal Government of Nigeria for the public service ; or
(e) direct that any airline operator having its principal place of business in Nigeria, or an aerodrome operator or a provider of air traffic and meteorological services, and the employees of such airline operator, aerodrome operator or provider of air traffic and meteorological services, shall carryout flights, and other duties connected with operation of flights, in the public interest in the manner specified in the order.
(2) Any order made under subsection (1) shall have effect, notwithstanding anything inconsistent with it contained in any regulation made under this Act or any other law in force in Nigeria.
(3) Any person who suffers direct injury or loss by reason of any order made under paragraph (c), (d) or (e) of subsection (1) shall be paid such compensation as may be determined by such authority or person as the Minister may appoint in this behalf.
(4) The Minister may authorise such steps to be taken to secure compliance with any order made under subsection (1) as may be deemed necessary.
(5) Any person who knowingly disobeys, fails to comply with, or does any act in contravention of an order made under subsection (1), commits an offence and is liable on conviction to a fine of at least N200,000 or imprisonment for a term of at least six months or both, and the court by which he is convicted may direct that the aircraft or thing, if any, in respect of which the offence has been committed, or any part of such aircraft or thing, be forfeited to the Federal Government of Nigeria.
