Lawyer Takes Air Peace To Court Over Controversial Business-Class Upgrade Policy

According to Ireporter Online, a Lagos-based lawyer, Dr. Sheriff Abiodun Adesanya, has filed a lawsuit against Air Peace Limited at the Federal High Court in Lagos, challenging what he describes as an unlawful “seat-only” business-class upgrade policy.

The case, registered as FHC/L/CS/364/2026 and assigned to Justice Aneke, raises issues of consumer protection, airline transparency, and passenger rights within Nigeria’s aviation sector. At the center of the dispute is whether an airline can sell a business-class upgrade, seat passengers in premium cabins, yet deny the corresponding services without prior disclosure.

Adesanya, representing himself, told the court that he purchased a business-class upgrade on a London–Lagos–London flight but was served economy-class meals and received service he considered “economy-level.” The incident reportedly occurred on both the outbound and return flights, despite a pre-action notice sent to the airline.

Court documents suggest that Air Peace operates a policy where upgraded passengers enjoy only premium seating while retaining economy-class entitlements, including meals—a limitation Adesanya says was neither disclosed before payment nor reflected in publicly available terms and conditions.

In the originating summons, the lawyer seeks declarations that the practice constitutes misrepresentation, unfair treatment, and a breach of statutory consumer protection obligations. He also demands refunds and damages for the alleged failure to provide services commensurate with the upgraded class. The suit references the Civil Aviation Act 2022, the Nigerian Civil Aviation Regulations 2023, and the Montreal Convention 1999.

Adesanya presented a written admission from the airline acknowledging the “seat-only upgrade” policy, which stated that upgraded passengers benefit only from enhanced seating while retaining economy-class services. Air Peace, however, maintains that passengers are informed of such limitations before payment and that business-class catering is typically pre-ordered.

In response, Air Peace, through its counsel Chief Oluwole Afolabi, filed a preliminary objection seeking to strike out the suit, arguing that the matter involves disputed facts unsuitable for determination via originating summons. Adesanya opposed the objection, contending it was filed to delay proceedings and noting that the airline had not challenged his affidavit evidence. He further argued that the objection was filed outside the 31-day period stipulated by Federal High Court rules, making it procedurally incompetent.

The court is expected to resolve the preliminary objection before addressing the substantive claims. According to Ireporter Online, the outcome of the case could set an important precedent regarding airline service obligations and passenger rights in Nigeria.