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“Lawyer Takes Airline To Court Over Seat Upgrade Policy”.
A Lagos-based lawyer, Dr. Sheriff Adesanya, has filed a suit against Air Peace Limited at the Federal High Court in Lagos over its alleged “seat-only” business-class upgrade policy. The case (FHC/L/CS/364/2026), before Justice Chukwujekwu Aneke, raises concerns about airline transparency, passenger rights, and consumer protection in Nigeria’s aviation sector.....KINDLY READ THE FULL STORY HERE▶
Adesanya, representing himself, seeks a court ruling on whether it is lawful for an airline to sell a business-class upgrade, seat passengers in premium cabins, but deny the services normally associated with that class without prior disclosure.
The lawyer claims he paid for a business-class upgrade on a London–Lagos–London trip but received economy-class meals and service despite being seated in business class. He said the issue occurred on both outbound and return flights, even after issuing Air Peace a pre-action notice.
Court filings suggest the airline operates a policy where upgraded passengers only get premium seating, not full business-class services, a fact allegedly not disclosed before payment or reflected in publicly available terms and conditions.
Adesanya is seeking a court declaration that the policy constitutes misrepresentation, unfair treatment, and a breach of statutory consumer protection obligations. He is also requesting refunds and damages, citing provisions of the Civil Aviation Act 2022, Nigerian Civil Aviation Regulations 2023, and the Montreal Convention 1999.
The lawyer submitted what he says is a written Air Peace admission confirming the “seat-only upgrade” policy, which reportedly allows upgraded passengers economy-class entitlements, including meals, while only enjoying enhanced seating.
Air Peace, through its lawyer Chief Oluwole Afolabi, filed a preliminary objection to strike out the case, arguing that the matter involves factual disputes requiring oral evidence and cross-examination, making it unsuitable for determination by originating summons.
Adesanya opposed the objection, describing it as an attempt to delay proceedings. He argued that no substantial factual disputes exist, the airline had not filed counter-affidavits, and the case is primarily a legal question regarding the lawfulness of restricted business-class upgrades without prior disclosure.
He also challenged the preliminary objection on procedural grounds, stating it was filed outside the 31-day period mandated by Federal High Court Rules.
The court is expected to first rule on the preliminary objection before addressing the substantive issues of the suit.
TAGS: Upgrade Policy, Air Peace, Consumer Rights, Aviation
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