15.2 Acts of Unlawful Interference, Hijack, Bomb Threat & Security Searches

The Nigerian security framework

Nig. CARs Part 17 — Aviation Security implements ICAO Annex 17 and the National Civil Aviation Security Programme. It defines the two terms cabin crew must be able to distinguish:

• Acts of unlawful interference — acts, or attempted acts, such as to jeopardise the safety of civil aviation. The category includes unlawful seizure of an aircraft, destruction of an aircraft in service, hostage taking on board or at an aerodrome, forcible intrusion on board or into a restricted area, introduction of a weapon or hazardous device for criminal purposes, and communication of false information that jeopardises the safety of an aircraft in flight or on the ground.
• Disruptive passenger — a passenger who fails to respect the rules of conduct at an airport or on board an aircraft, or who fails to follow the instructions of airport or crew members.

Unruly passengers: an offence under Nigerian law

Nig. CARs 17.89.1.1 is unusually direct: any passenger who becomes unruly at the airport terminal or on board an aircraft commits an offence. 17.89.1.2 then lists what "unruly" includes, and the list is examinable:

1. Smoking on board an aircraft or in a non-smoking area of the terminal building;
2. Use of mobile phones or other communication or electronic gadgets on board an aircraft without the approval of the aircraft commander;
3. Fighting or other disorderly conduct on board an aircraft or at the terminal building;
4. Any conduct or act constituting a nuisance to other passengers;
5. Disobedience of lawful instructions issued by the aircraft commander, flight crew, cabin attendants, check-in staff or security screening staff;
6. Any conduct that endangers or is likely to endanger the safety of flight operations;
7. Tampering with smoke detectors and other aircraft equipment.

17.89.1.3 gives the response power: where a passenger becomes unruly on board or in the terminal, the aircraft commander or airport authority shall take necessary measures, including restraint where necessary, in order to protect the safety of the aircraft, terminal or persons and property; to maintain good order and discipline; and to enable delivery of the person to the competent authorities.

Three practical consequences follow. First, a cabin crew instruction is a lawful instruction, so refusal is an offence rather than rudeness. Second, restraint is authorised and its use is a decision for the aircraft commander, not for individual cabin crew acting alone. Third, the endpoint is delivery to the authorities, which means the crew's documentation of the event has legal consequences and must be accurate, factual and contemporaneous.

Documentation to capture: what was said and done, in sequence, with times; the exact wording of warnings given; the seat number and identity details; the names of witnesses including passengers willing to give statements; injuries and damage; and the point at which the commander was informed and what was decided.

Hijack and unlawful seizure

Cabin crew doctrine is built on preserving life and preserving options.

• Comply and observe. Do not resist in a way that escalates. The crew's most valuable contribution is accurate information passed discreetly to the flight deck when it is safe to do so.
• Observe and remember: how many perpetrators, where they are, what weapons, what they are demanding, what languages they use, any names, how organised they appear, and whether any device is visible.
• Keep passengers calm and compliant. Panic and individual heroics increase casualties.
• Do not agree signals or plans with passengers unless directed by the flight deck.
• Protect the flight deck. The reinforced door remains locked and access procedures are followed exactly. Crew do not open the door under duress except in accordance with the operator's procedure.
• On the ground, follow the instructions of the negotiating authority relayed through the flight deck. Nig. CARs 17.90 requires measures to be established for managing responses to acts of unlawful interference, and 17.55 requires the Authority to be notified whenever an act of unlawful interference occurs.

Bomb threats

Nig. CARs 17.54.1.6 requires that, on receipt of a bomb threat against a specific aircraft, the operator shall attempt to determine whether an explosive or incendiary device is on board, and shall:

• Conduct an analysis of the threat and classify it as: a hoax; non-specific; or specific;
• Consider conducting a security inspection or search in the cases the regulation identifies.

The classification drives the response. A specific threat — one that names a flight, a time, a location or a device — triggers the fullest response, including search, offloading and possible evacuation. 17.54.1.5 adds that where the aircraft is in the airspace of another State, the operator must also notify that State's authority and, if the aircraft is in flight, the authority of the State where it will land.

Cabin crew actions on a threat in flight:

1. Notify the flight deck immediately and repeat the exact words received.
2. Conduct the search as directed, systematically and in the operator's prescribed areas, without touching anything suspicious.
3. Manage the cabin with the announcement approved by the flight deck; avoid words that will cause a panic response.
4. If an item is found: do not touch it, do not move it, do not open it, and do not use any radio or electronic device near it. Report its exact position, size, appearance and any wires, timers or smell.
5. Follow the flight deck's decision on whether the operator's least risk bomb location procedure applies. This procedure — moving and packing a suspect device at a designated position on the aircraft — is carried out only on the pilot-in-command's instruction and strictly in accordance with the operator's manual, since the aircraft type determines the designated position and the method.
6. Prepare for a possible emergency landing and evacuation, and brief passengers accordingly.
7. Preserve the scene after landing for the authorities.

Security searches and access control

• The pre-flight security search covered in the routine duties chapter is a Part 17 obligation applied through the operator's security programme.
• Access to the flight deck follows the operator's procedure agreed in the pre-flight briefing, including the identification method, the clear-zone or sterile-area protocol at the door, and the requirement that the cabin be observed while the door is open.
• Screening is a precondition of entry to security restricted areas: Nig. CARs 17.88 provides that no person shall enter a security restricted or sterile area without submitting to screening of their person and property. That applies to crew as well as to passengers, and a crew member who objects to screening is refusing a regulatory requirement rather than exercising a privilege.