Section 31 — General power to regulate civil aviation

(1) The powers conferred on and the functions of the Authority in this Act are vested in the Director-General who may exercise them directly or by delegation—

(a) for carrying out the Convention on International Civil Aviation (in this section referred to as “the Convention”) concluded at Chicago on the 7th day of December, 1944, any annex to the Convention which relates to international standards and recommended practices and is adopted in accordance with the Convention, and any amendment of the Convention or of any of such annex which is made in accordance with the Convention;

(b) for carrying out any other treaty or agreement in the field of civil aviation to which Nigeria is a party;

(c) for regulating air navigation; and

(d) generally for ensuring aviation safety and security, the efficiency and regularity of air navigation and the safety of aircraft, persons and property carried in aircraft and for preventing aircraft from endangering persons and property.

(2) The powers conferred upon the Authority under this section includes the powers to develop, make, issue and revise regulations, rules, orders, terms and conditions in respect of any matter relating, incidental, or supplemental to it, or such matter as the Authority may deem necessary in the public interest and safety of air navigation.

(3) The powers conferred upon the Authority under this section includes the powers to develop, make, issue and revise regulations, rules, orders, directives, advisory circulars, terms and conditions in respect of any matter relating, incidental, or supplemental to it, or such matter as the Authority may deem necessary in the public interest and safety and security of civil aviation.

(4) Regulations, rules, orders and directives made or given under this section shall provide for the imposition of penalties for non-compliance, including the suspension or revocation of certificates, licences, validations and authorisations, and in the case of any particular offence such fine as may be prescribed by regulations made by the Authority and or imprisonment for a term not less than six months, and, subject to Chapter IV of the Constitution of the Federal Republic of Nigeria, 1999, which relates to fundamental rights, for the taking of such steps including the interception of aircraft as may be prescribed as respects aircraft flying over areas of Nigeria over which flying is prohibited by the regulations.

(5) In the exercise of its power to make regulations under this section, the Authority shall consult with stakeholders including airlines, aerodrome operators, air traffic control service providers, consumers and any other relevant body and organisation in the aviation industry.

(6) In the exercise of its power to make regulations under this section, the Authority shall consult with stakeholders including airlines, aerodrome operators, air navigation service providers, consumers and any other relevant body and organisation in the aviation industry.

(7) Where the Authority is of the opinion that an emergency requiring immediate action exists with respect to safety and security in civil aviation, the Authority shall have the power, either upon complaint or on the Authority’s initiative without complaint, at once, if the Authority so orders, without answer or other form of pleading by the interested person or persons, and with or without notice, hearing, or the making or filing of a report, to make such temporary rules, regulations, orders or directives, or to impose such temporary terms or conditions upon the holder of any certificate, licence, validation or authorisation, as may be necessary to meet the emergency.

(8) Any temporary rule, regulation, order or directive made under subsection (7) shall immediately be filed with the Authority and shall be published in the Federal Government Gazette and shall remain in effect for a period of not more than 90 days, unless the Authority, for good cause shown, extends the period for a further period of not more than 90 days.

(9) Any person who violates any temporary rule, regulation, order or directive made under subsection (7) commits an offence and is liable on conviction to a fine of at least ₦500,000 or imprisonment for a term of at least six months or both.