Section 84 Civil Aviation Act 2022

Section 84 of the Civil Aviation Act 2022 is about Endangering the safety, destroying or damaging of an aircraft. It is under Part XII (Civil and Criminal Penalties) of the Act.

(1) Any person who unlawfully and intentionally—
(a) commits an act of violence against a person onboard an aircraft in flight if that act is likely to endanger the safety of that aircraft ;

(b) destroys an aircraft in service or causes damage to such aircraft which renders it incapable of flight or which is likely to endanger its safety in flight ;

(c) places or causes to be placed in an aircraft in service, by any means whatsoever, a device or substance which is likely to destroy the aircraft, or to cause damage to it which renders it incapable of flight, or to cause damage to it which is likely to endanger its safety in flight ;

(d) destroys or damages air navigation facilities or interferes with their operation, if any such act is likely to endanger the safety of aircraft in flight ;
(e) communicates information which that person knows to be false, thereby endangering safety of aircraft in flight ;

(f) uses an aircraft in flight for the purposes of causing death, serious bodily injury, or serious damage to property or the environment ;
(g) releases or discharges from an aircraft in flight any biological, chemical and or nuclear weapon or explosives, radioactive or similar substances in a manner that causes or is likely to cause death, serious bodily injury or
serious damage to property or environment ;

(h) uses against or onboard an aircraft in flight any biological, chemical and or nuclear weapon or explosive, radioactive, or similar substances in a manner that causes death, serious bodily injury or serious damage to property or the environment ; or

(i) transports, causes to be transported, or facilitates the transport of, onboard an aircraft —
(i) any explosives or radioactive material, knowing that it is intended to be used to cause, or makes a threat to cause, with or without a condition, death or serious injury or damage for the purpose of intimidating a population, or compelling a government or an international organisation to do or to abstain from doing any act,
(ii) any biological, chemical and or nuclear weapon, knowing it to be a biological, chemical and or nuclear weapon as defined in this Act,

(iii) any source material, special fissionable material, or equipment or material especially designed or prepared for the processing, use or production of special fissionable material, knowing that it is intended to be used in a nuclear explosive activity or in any other nuclear activity not under relevant internationally safeguards, or
(iv) any equipment, materials or software or related technology that significantly contributes to the design, manufacture or delivery of a biological, chemical or nuclear (BCN) weapon without lawful authorisation and with the intention that it will be used for such purpose, commits an offence and is liable on conviction to life imprisonment without an option of fine.

(2) It shall not be an offence under this section if the transport of such items or materials is consistent with or is for the use or activity that is consistent with the rights, responsibilities and obligations under the applicable multilateral non-proliferation treaty to which Nigeria is a party.

(3) Whosoever unlawfully and intentionally, using any device, substance or weapon—
(a) performs an act of violence against a person at an aerodrome which causes or is likely to cause serious injury or death ; or
(b) destroys or seriously damages the facilities of an aerodrome or aircraft not in service located thereon or disrupts the services of the aerodrome, if such an act endangers safety at that aerodrome, 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.

(4) A person who—
(a) makes a threat to commit any of the offences in subsections (1)
(a)-(i) and (3) ;
(b) unlawfully and intentionally causes any person to receive such a threat under circumstances which indicate that the threat is credible ;
(c) attempts to commit any of the offences set forth in subsections (1)
(a)-(i) or (3) ;

(d) organises or directs others to commit an offence as set forth under subsections (1) (a)-(i), (3) ;

(e) participates as an accomplice in an offence set forth in subsections (1), (3) or (4) (a) ; and
(f) unlawfully and intentionally assists another person to evade investigation, prosecution or punishment, knowing that the person has committed an act that constitutes an offence set forth in subsections (1), (3), (4) (c), (d) or (e), or that the person is wanted for criminal prosecution by law enforcement authorities for such an offence or has been sentenced for such an offence, 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.