NSIB Cautions Pilots from tampering Accident Investigation Evidence

The Nigerian Safety Investigation Bureau (NSIB) has cautioned aircraft pilots to desist from tampering with relevant accident investigation evidence, as such practices undermine the shared responsibility of protecting lives and the pursuit of the highest standards of integrity in the skies.

The warning comes just as the Nigerian Civil Aviation Authority (NCAA) has vowed to sanction airline pilots involved in the overwriting of the aircraft cockpit voice recorders.

The NCAA said it has begun investigations into the unauthorized practice, threatening to use defaulting pilots as a deterrent.

Its Director General and Chief Executive Officer, Captain Alex Badeh, disclosed this at the Aviation Stakeholder Engagement Workshop in Lagos, where he called on the industry to work together to push for the protection of vital evidence on accident investigation.

Badeh said the fundamental conversation gaining traction in the aviation industry is how to push for safe and reliable air travel and how to tackle substance use among aviation personnel.

He listed the equipment to include: Cockpit Voice Recorders (CVRs) and Flight Data Recorders (FDRs).

He said, “These devices are the objective record of events in flight. We have all seen, in past incidents, how the untimely overwriting of these invaluable ‘black boxes’ can limit our ability to uncover root causes, learn the right lessons, and prevent recurrence.”

Referencing Nigerian Civil Aviation Regulations (Nig-CARs Part 7.8.1.3(b), Badeh said, “To preserve flight recorder records, they shall be deactivated upon completion of flight time following an accident or incident.”

These rules are explicit: evidence must be secured immediately after any accident or incident. By consistently adhering to these protocols across the industry, you strengthen our collective capacity to conduct thorough and accurate investigations that ultimately protect lives and build public trust.”

He said the issue of substance use among aviation personnel remains a matter of serious concern that demands collective vigilance and zero tolerance.

“Impairment — whether from alcohol, psychoactive substances, or other factors — can profoundly affect judgment, reaction times, and overall flight safety. The NCAA regulations, particularly Nig-CARs Part 8.5.1.5, are unambiguous:

No person may act or attempt to act as a crew member of a civil aircraft if they have consumed any alcoholic beverage within eight hours before acting as crew – the “bottle-to-throttle” rule.

“While it is a shared responsibility, the Pilot-in-Command bears particular accountability for ensuring that no flight crew member is incapacitated by alcohol, drugs, fatigue, or other causes before commencing a flight.

“These requirements are fully aligned with ICAO standards, including Doc 9654 — the Manual on Prevention of Problematic Use of Substances in the Aviation Workplace — and set strict abstinence rules, rigorous testing protocols, and clear consequences for violations.

“Recent events have reminded us how important it is to internalise these policies not merely as regulatory requirements, but as genuine safeguards for passengers, colleagues, and everyone who places their trust in our aviation system.

“By coming together — regulators, investigators, operators, unions, and partners, we all have the opportunity to share best practices openly, confront challenges candidly, and forge practical, actionable commitments that will strengthen compliance, enhance reporting mechanisms, and foster a stronger culture of proactive safety.”

The forum brought together representatives of airlines, airplane owners and operators, the Nigerian Civil Aviation Authority (NCAA), Nigerian Airspace Management Agency (NAMA), Federal Airports Authority of Nigeria (FAAN), the Nigerian Air Force, the Nigeria Police, pilot unions, maintenance organisations, security agencies, and international partners.

In his presentation, Director General, Nigeria Civil Aviation Authority (NCAA), Captain Chris Najomo said protection of aircraft investigation evidence is a requirement that airlines operating crew, maintenance personnel, air traffic controllers, aeronautical operators, and other services personnel must comply with.

He warned that airlines that engage in overwriting of the cockpit voice recorders will be sanctioned.

He said the NCAA has issued a directive to airlines on the need to comply with the regulations.

Najomo said it is now prohibited for pilots to switch off the aircraft flight recorders.

To drive compliance, Najomo said the NCAA has issued a directive to stop airline crews from indulging in overwriting of their aircraft cockpit voice recorders, affirming that any pilot found culpable will be sanctioned.

He said the NCAA is investigating to unravel airlines indulging in overwriting of their aircraft cockpit voice recorders with a view to nipping the unauthorized practice in the bud.

Najomo said the outcome of the probe will assist in sanctioning defaulting flight crew, which will serve as a deterrent to would-be violators.

The NCAA boss said, “The NSIB’s investigation of accidents and serious incidents is based on the gathering and analysis of factual evidence. During the investigations, one of the primary objectives is to gather all material and relevant evidence that enables the Bureau to determine the facts, circumstances, and conditions that led to the occurrence that prompted the investigation.

“Therefore, it is imperative that this evidence is preserved for the investigation. It is to this intent that the Nigerian Civil Aviation Regulations (Nig. CARs) Part 7.8.1.3 in paragraph requires that Flight recorder systems shall not be switched off during flight time. It requires that flight recorder records, flight recorders shall be deactivated upon completion of flight time following an accident or incident. “The flight recorders shall not be reactivated before their disposition as determined in accordance with the accident/incident regulations of Nigeria.

“Nig. CARs 8.5.1.24 on Operation of Cockpit Voice and Flight Data Recorders requires that the Pilot in Command shall ensure that whenever an aircraft has flight recorders installed, those recorders are operationally checked and operated continuously.

“It requires that the Pilot in Command may not permit an FDR or a CVR to be disabled, switched off, or erased during flight unless necessary to preserve the data for an accident or incident investigation. It further states that in the event of an accident or incident, the Pilot in Command shall act to preserve the recorded data for subsequent investigation upon completion of the flight.

” On notification to the appropriate authority of an accident, the Nig. CARs Part 8.14.3.5 requires the Pilot In Command to notify the nearest appropriate authority by the quickest available means of any accident involving the aircraft, resulting in serious injury or death of any person or substantial damage to the aircraft or property.

“The above is the legal framework developed by the Authority to ensure that the evidence related to the Flight and Cockpit Voice Recorders is preserved.

Despite the established regulatory framework, the Authority went further to develop and issue to the industry two All Operators’ Letters (AOL) on the overwriting of the CVR, detailing procedures that operators should incorporate into their manuals and bring to the notice of their flight crews to ensure compliance with the regulatory requirements.

“Presently, the Authority is conducting an enforcement investigation on a particular occurrence, where the CVR was overwritten. This enforcement action, when concluded and if the crew members are found culpable, will serve as a deterrent, not only to the subject crew members, but to all others similarly situated.”

The workshop featured presentations from the former Managing Director of the United States National Transportation Safety Board (NTSB), Mr. Dennis Jones, offering perspectives on the role evidence plays in accident investigation.

In the panel session, stakeholders examined the role of compliance with the International Civil Aviation Organization (ICAO), 25-hour duration regulation on cockpit voice recorders to accommodate aircraft journeys flying intercontinental routes.