- Allen Onyeama, CEO Air Peace
Air Peace pronounced guilty of malicious prosecution
Emmanuel Ukudolo I Wednesday, Nov.19.25
IKOYI, Lagos — The National Industrial Court of Nigeria (NICN) has ordered Air Peace Ltd., one of Nigeria’s leading airlines, to pay a former janitor a total of ₦1,026,000 (approximately $1,170) in damages, back salary, and costs, following a ruling that the airline’s handling of his termination was “unconscionable” and failed to adhere to due process.
The judgment, delivered by Hon. Justice A.N. Ubaka in the Lagos Judicial Division on October 24, 2025, sided with the Claimant, Mr. Yunisa Austin, concluding that his employment was improperly terminated after an unsubstantiated allegation of theft.
The Case: Theft Allegation and Unlawful Detention
Mr. Austin, who was employed as a janitor in April 2018, was among eight employees arrested and charged in court in June 2019 following an allegation of laptop theft from the company’s accounting department.
Mr. Austin testified that he and others were subjected to punishment by soldiers before being handed over to the police, which the airline denied, claiming it only uses civil security guards.
Crucially, Air Peace subsequently withdrew the criminal charges against Mr. Austin and his co-accused, but not before Mr. Austin spent nine days in Kirikiri Prison because he was unable to meet his bail conditions after the airline allegedly froze his salary account.
Despite withdrawing the complaint, Air Peace terminated Mr. Austin’s employment via a letter dated October 2, 2019, which was backdated to take effect on June 27, 2019—the date he was arrested.
The court rejected Mr. Austin’s claim for a declaration that his employment was still subsisting, noting that the termination, even if flawed, ended the relationship.
However, Justice Ubaka sharply criticized Air Peace’s actions, stating that an employer who chooses to give a reason for termination must be able to justify it.
The judgment highlighted several procedural failings by the airline:
Backdating the Termination: The court ruled that an employer cannot terminate an employee’s contract with retrospective effect to deny them vested salary rights, ordering Air Peace to pay Mr. Austin his salary for the period between the alleged termination date (June 27, 2019) and the letter date (October 2, 2019), totaling ₦105,000.
Lack of Notice: The termination letter did not provide the one month’s notice, or salary in lieu, as stipulated in the employment contract.
The court awarded ₦35,000 (one month’s salary) in lieu of notice.
Malicious Prosecution and Unconscionable Conduct: Justice Ubaka found that Air Peace “deliberately prosecuted the claimant maliciously” by later withdrawing the charges.
The court awarded ₦750,000 as general damages, citing the airline’s failure to remit pension contributions, lack of notice, backdated termination, and the subsequent “indignation and unwarranted pain and agony” suffered by the former employee.
The court also found that Air Peace failed to comply with the Pension Reform Act of 2014 by not remitting its own portion of the pension contribution.
The NICN ordered the defendant to remit ₦36,000 as its contribution to Mr. Austin’s Retirement Savings Account (RSA).
The judgment concludes with an order for Air Peace to pay all awarded sums within 30 days, failing which the total amount will attract an annual interest rate of 10%.
