Section 83 Civil Aviation Act 2022
Section 83 of the Civil Aviation Act 2022 is about Hijacking and interference. It is under Part XII (Civil and Criminal Penalties) of the Act.
(1) Whosoever onboard an aircraft in service unlawfully and intentionally by force or threat of it, or by coercion or by any other form of intimidation or by any technological means, seizes or exercises control of an aircraft or makes a threat to commit the offence set forth in this subsection or unlawfully and intentionally causes any person to receive such threat under circumstances which indicate that the threat is credible, commits the offence
of hijacking of such aircraft.
(2) Any person who attempts to commit the offence referred to in subsection (1) in relation to any aircraft, or participates as an accomplice to the commission of any such offence, or unlawfully and intentionally assists
another person to evade investigation, prosecution or punishment, knowing that the person has committed the offence set forth in subsection (1) or that the person is wanted for criminal prosecution by law enforcement authorities for such an offence, commits an offence under this Act.
(3) A person commits an offence if that person intentionally agrees with one or more other persons to commit the offence set forth in subsections (1) and (2), or contributes in any other way to the commission of such offence by a group of persons acting with the common purpose which contribution shall either be with the aim of furthering the general criminal activity or purposes of the group to commit the offence set forth in subsections (2) and (3) or made in the knowledge of the intention of the group to commit such an offence.
(4) Any person who organises or directs others to commit an offence set forth in this section commits an offence and is liable on conviction to a fine of at least N2,000,000 or imprisonment for a term of at least five years.
(5) Any person who commits the offence under this section is liable on conviction to a fine of at least N25,000,000 and also imprisonment for life.
(6) Any person who in the course of committing the offence of hijacking of an aircraft, commits, in connection with such offence, any act of violence against any passenger or member of the crew of such aircraft, shall be liable to the same punishment with which he would have been liable under any law for the time being in force in Nigeria if such act had been committed in Nigeria.
(7) The Federal High Court shall have jurisdiction to try offences under this section where the—
(a) offence is committed on board an aircraft registered in Nigeria ;
(b) aircraft onboard which the offence is committed lands in Nigeria with the alleged offender still onboard ;
(c) offence is committed onboard an aircraft leased without crew to a lessee who has his principal place of business in Nigeria or if he has no principal place of business, his permanent residence is in Nigeria ;
(d) offence is committed onboard a non-Nigerian registered aircraft whilst such an aircraft is within the territory of the Federal Republic of Nigeria ; and
(e) offence is committed by a citizen of Nigeria within or outside the territory of Nigeria or a citizen of Nigeria or a stateless person whose habitual residence is in Nigeria.
