Nigeria’s first professor of Aviation Law, Professor Ismail Adua Mustapha, has said the Federal Government should prosecute Fuji music icon Wasiu Ayinde Marshall over his alleged obstruction of a ValueJet aircraft at the Nnamdi Azikiwe International Airport, Abuja, or risk serious consequences.
Speaking with journalists in Ilorin, the Kwara State capital, on Monday, Professor Mustapha of the Department of Business Law, Faculty of Law, University of Ilorin, warned that Nigeria’s Grade A aviation safety status could be withdrawn if the government fails to act.
“Consequently, some international flights may desert Nigerian airspace due to lack of civil aviation security,” he said.
The professor noted that Nigeria, as a signatory to international civil aviation conventions—including Annex 17 of the Chicago Convention (1944)—is under obligation to prosecute and severely punish any suspect found guilty of such offences. He added that similar provisions are also embedded in the NCAA Act 2022 (Section 50) and NCARs 2023 (Part 17).
Citing the incident of August 6, 2025, which occurred at the local terminal of the Nnamdi Azikiwe International Airport, Abuja, Mustapha argued that the suspect (Wasiu Ayinde) should be prosecuted for the following offences:
Attempted hijacking and taking of hostages, contrary to Section 83 of the NCAA Act 2022 and Article 1 of the 1979 Taking of Hostages Convention and the 2010 Beijing Convention. These offences are punishable under Section 86(3) of the Act—by ₦25 million fine and life imprisonment.
Assault and violent conduct against the pilot and a security officer, contrary to Section 84(3)(a), punishable under Section 83(3)(b) — with penalties of at least ₦2 million or not less than five years’ imprisonment.
Refusal to submit to screening, contrary to Sections 42 and 45 of the NCAA Act 2022 and Part 17 of NCARs 2023, punishable under Section 45(3) of the Act.
Professor Mustapha further stated that despite the criminal implications, individual passengers aboard ValueJet flight VK201 may also initiate civil action against the suspect, provided they can prove the cause of delay and its consequences. He cited Articles 19 and 22 of the Montreal Convention 1999, which is incorporated into the NCAA Act 2022 pursuant to Section 50.
“What the passengers need to prove is delay, its cause(s), and the consequential damage,” he explained.
According to him, it is clear the suspect unlawfully interfered with Nigerian civil aviation operations by violating aviation security screening procedures, whether intentionally or not.
“As stated earlier, it is an obligation erga omnes for Nigeria to prosecute (aut dedere) any person found to have breached aviation security procedures or unlawfully interfered with civil aviation.
“Failure to comply would amount to a breach of international treaties Nigeria has signed, including Annex 17 of the Chicago Convention (1944). It would also mean non-implementation of Nigeria’s civil aviation laws, and allow for continued insecurity in the country’s airspace.”
Professor Mustapha warned that accepting an apology from the suspect would be inappropriate due to the strict nature of the offences, which are non-compoundable under the law.
“Unlawful interference with civil aviation must not be trivialized or resolved through apologies. The offences committed are grave, and accepting an apology could have damaging implications for Nigeria’s civil aviation system,” he concluded.
