Section 55 Civil Aviation Act 2022
Section 55 of the Civil Aviation Act 2022 is about Carriers’ liability. It is under Part VIII (International Obligations) of the Act.
(1) The provisions contained in the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Montreal on 28th May, 1999 set forth in the Second Schedule to this Act and shall, from
the commencement of this Act have force of law and apply to international carriage by air to and from Nigeria, in relation to any carriage by air to which the rules apply, irrespective of the nationality of the aircraft performing the carriage, and shall, subject to the provisions of this Act, govern the rights and liabilities of carriers, passengers, consignors, consignees and other persons.
(2) The provisions contained in the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Montreal on 28th May,1999 which has been modified and set out in the Second Schedule to this Act and shall, from the commencement of this Act have the force of law and apply to non-international carriage by air within Nigeria, irrespective of the nationality of the aircraft performing the carriage, and shall subject to the provisions of this Act govern the rights and liability of carriers, passengers, consignors, consignees and other persons within the contemplation of the modified Convention.
(3) In any case of aircraft accident resulting in death or injury of passengers, the airline operator or carrier shall make advance payments of Naira equivalent of at least 30,000 United States Dollars within 30 days from
the date of such accident, to the natural person or such natural persons who are entitled to claim compensation in order to meet the immediate economic needs of such persons and such advance payments shall not constitute recognition of liability and may be offset against any amount subsequently paid as damages by the carrier.
(4) The advance payment sum prescribed in subsection (3) and the limit of liability under the Convention for the Unification of Certain Rules Relating to International Carriage by Air as modified by subsection (2) shall stand reviewed automatically upon receipt by Nigeria of a notification of the five yearly review of the limits from the International Civil Aviation Organisation (ICAO).
