Category: Aviation

The arrival of a “borrowed plane” sourced from Ethiopian Airlines last week by the immediate past Minister of Aviation, Hadi Sirika, during the unveiling of the controversial national carrier has raised more questions than answers in the air travel space. Where is the office of Nigeria Air ? Its workers ? Routes and the Air Operators’ Certificate it requires to commence operations? asks KELVIN OSA OKUNBOR

Discontentment is growing in the aviation industry, following the unveiling  last week of the much-awaited national carrier – Nigeria Air – at the tarmac of the Nnamdi Azikiwe International Airport, Abuja by the immediate past Minister of Aviation, Hadi Sirika.

Not many industry players were surprised when he arranged a Boeing 737 – 800, painted with the logo of Nigeria Air “borrowed from Ethiopian Airlines” as the aircraft to be used by the national carrier billed to commence operations soon.

But many experts were jolted to observe that the aircraft was marked with a registration number belonging to Ethiopian Airlines, a development that runs contrary to the requirement of the the Nigerian Civil Aviation Authority (NCAA).

Besides the infraction of the aircraft carrying a foreign registry, experts have raised concerns over the bravado of Sirika to pull the wool over the eyes of Nigerians by unveiling an airline that is yet to acquire an Air Operators’ Certificate (AOC).

At the Farnborough Airshow in 2018, Sirika, to the consternation of the global aviation community, unveiled a logo of what was to be Nigeria Air. Despite mixed feelings from stakeholders, the project was set in stone and the minister was set to prove that this was a project worth pursuing.

After several failed promises, a whopping N85.4 billion has been wasted. Seven years after, and on the last working day of his tenure, Sirika launched an airline. And with circumstances surrounding the launch,   experts asked: Where is Nigeria Air? Who are really the owners of NA? Why were public funds used for this project? Why has Sirika been coying with this project, giving little to no details? A multi-billion naira project!

Experts claimed the project is one of the most wasteful ventures ever undertaken in the aviation industry.The AON had challenged the modalities of the project, especially with the logic of the airline being operated by Ethiopian Airlines, a competitor from day one. Last November, a federal court had ordered that parties in the national carrier project maintain status quo.

The minister’s attempt to fly the airline is an infringement on the court order. Or has the court case been vacated? Is this a continuation of the  impunity of the imediate past government? they further asked.

It would recalled that a court order had restrained the NCAA from issuing the airline an AOC, which then begged the questions – has an AOC been issued? Can NCAA confirm to us which AOC Nigeria Air is using? Did NCAA go against the court order to issue Nigeria Air an AOC? When was it issued?

Findings reveal that the aircraft is a 10-year-old Ethiopian Airlines (ET) registered Boeing 737-800, which operated in a failed venture in Malawi. It was repainted by ET, and later repainted in Nigeria Air’s livery less than five days ago.

Since NA doesn’t have an AOC, you wonder what razzmatazz the minister was up to. You wonder why a foreign registered aircraft with a foreign crew in a foreign uniform is launching a national carrier which is by the NCAA law not permitted to even operate locally!’’ a stakeholder in the industry asked.

For ET, was it worth the airline mucking its reputation in this shambolic project with shady deals? How did they fall so low, knowing the reaction of Nigerians, and the insincere and unprofessional attempts to fake a national carrier? Surely ET is a culprit in this saga.

Sirika and ET assumed that Nigerians were fools and thought they could take us for a ride. In reality NA has no aircraft, and thus could not operate, except an AOC was issued. With the high number of human capital in the  aviation sector, they thought the public could be hoodwinked by their smooth talk.

Since 2016, when Sirika announced this project, his first port of call in seeking for investors was Qatar Airways, being part of the presidential delegation to Doha. He had a meeting with Akbar Al Baker, the Group Chief Executive Officer of Qatar Airways. When the airline hosted the IATA AGA in 2018, Al Baker informed  reporters that Qatar Airways was not interested in any deal; rather, he advised Nigeria to build its infrastructure, referring to our airports, particularly the Murtala Muhammed International Airport, Lagos.

A source added: “That should have been the major focus of Sirika. How do you build a house in a desert without infrastructure? But Sirika had other ideas. Bogus ideas. All his bogus dreams have finally collapsed after 90 months in the saddle as Nigeria’s longest serving aviation minister. Nobody, to the best of my knowledge, has served this portfolio for up to 40 months. Here’s Sirika’s epithet … he promised so much, was given so much, had so much time, but delivered very little. Very little!’’

Read Also: Fresh posers as Sirika unveils Nigeria Air aircraft

Besides, the Airline Operators of Nigeria (AON) has expressed gratitude to the NCAA for saving the industry from the consequences of issuing an Air Operators Certificate to Nigeria Air without due process.

The association’s spokesperson of AON, Prof Obiora Okonkwo, also appreciated the courage of the NCAA team, led by its Director-General, Capt Musa Nuhu, for insisting that the right things must be done to protect the safety and integrity of the Nigerian aviation industry.

Okonkwo said the AOC is a safety certificate by which the NCAA certifies that an airline is fit to conduct safe flight operations.

“As indigenous operators, we are happy and grateful to the NCAA for saving us from this punishment by resisting the pressure from Minister Hadi Sirika to grant an AOC to Nigeria Air without going through the due process.’’

“Besides, aviation is an essential sector that is critical to the economic development of Nigeria or any country. If tampered with, it will have a negative expanded multiplier effect on all aspects of the economy and life of Nigeria. AON, as a strong stakeholder, has a national and patriotic duty to guard against such happening.

 Otherwise, our investments in the aviation sector of Nigeria, running into billions of dollars, would have been jeopardised.

“Hence, we in the AON continue to salute the courage of the NCAA team led by Capt. Musa Nuhu, for insisting that the right things must be done to protect the safety and integrity of the Nigerian aviation industry, which they have nurtured to an enviable world standard,” read a statement by the AON.

He, however, said that the consequences of issuing an AOC to Nigeria Air without undergoing due process could be catastrophic, adding that for an airline to obtain AOC certification, it must undergo a five-phase certification process, which is a rigorous exercise.

He went on to say that he considers any unconventional granting of AOC without conforming to the standard due process as a serious infraction, punishable by law.

In addition, granting an AOC to Nigeria Air without it successfully going through the standard process could lead to Nigeria’s blacklisting by aviation safety agencies like the US Federal Aviation Administration and the European Aviation

Subsequently, this could impact the country’s aviation industry as airlines from other countries will not come to Nigeria, and Nigerian airlines will not be allowed to operate in those countries.

The statement tagged ‘”Nigeria Air: Recent so-called flight inauguration and AON concern’ noted that the failure of Nigeria to pass the upcoming ICAO audit could result in further penalties, including losing its FAA CAT-1 Certification and Nigerian airlines being unable to lease aircraft to boost their operations. No lessor will trust the safety certification process of the NCAA if it overlooks the due process of issuing an AOC to Nigeria Air.

Furthermore, Okonkwo stated that the aircraft used for the static display in Abuja on May 26, 2023, was not the first flight of Nigeria Air into Abuja. He explained that the water salute given to the aircraft was a customary practice that typically marks the first flight of an aircraft to an airport. However, the aircraft in question was an Ethiopian Airline property with an Ethiopian registration number (ET-APL) that entered Nigeria as an ET flight.

He went on to say that it is evident that there has been a significant public interest in the presentation of Nigeria Air, and the AON hopes to provide clarity on the matter. At this time, they stress that Nigeria Air has not received an AOC from the Nigeria Civil Aviation Authority, which is the legal authority for the issuance of such certificates. Therefore, the airline cannot commence flight operations just yet.

The association further raised concerns over the establishment of Nigeria Air, which has been shrouded in secrecy since the Ministerial Committee on the Establishment of a National Carrier recommended that the national carrier be private sector-driven with minimal government involvement.

Okonkwo alleges that the Minister ignored this recommendation and has been overseeing the establishment of Nigeria Air, from designing the logo to unveiling it at the Farnborough Air Show in the UK and providing offices, among other things. The AON has also claimed that there are dangerous agendas to eliminate all indigenous operators and hand over a monopoly to Ethiopian Airlines, which is already operating multiple landing rights in Nigeria.

“On further investigation, we discovered some mind burgling dangerous agenda to kill the entire indigenous operators and handover monopoly to Ethiopian Airline dubiously and fraudulently against the economic interest of Nigeria, hence our court action supported by strong material evidence. For us, it is a patriotic action to save the Nigerian Government, people, and economy from exploitation and to also protect the Nigerian aviation sector and our investments.”

He said that the AON has taken legal action against Ethiopian Airlines, accusing the airline of brazenly disobeying a competent Nigerian court order and allowing itself to be part of the grand deception of Nigerians. Ethiopian Airlines landed an aircraft in Abuja on May 26, 2023, and was greeted with a water salute, even though the aircraft did not belong to Nigeria Air and was not registered in Nigeria as required by Nigerian Civil Aviation Regulations.

The AON stressed that Ethiopian Airlines’ actions show a lack of respect for Nigeria and its laws and regulatory agencies. They are hoping that Ethiopia Airlines will be held accountable for their disrespectful actions and that the establishment of Nigeria Air will be done in a way that truly benefits Nigeria’s aviation industry. The AON maintains that they do not care about the ownership of Nigeria Air as long as due process is followed and the interests of Nigeria and its aviation industry are protected.

“The question is, would Ethiopia allow a Nigerian airline to brazenly flout the orders of an Ethiopian court or violate the Ethiopian Civil Aviation Regulations as it did in Abuja on Friday, May 26? This goes to show that Ethiopia’s Airline Operators have no iota of respect for our country, our laws, and our regulatory agencies. We hope that Ethiopia Airlines does not get away with this disrespectful action,” he added.

For many years, air cargo exported as agro produce from Nigeria are rejected in many European countries for failure to meet packaging and other processes. To reverse the trend, aviation and other regulators at the airport are examining air cargo certification procedure to enable the country tap the huge revenue potential in the agro cargo value chain. KELVIN OSA-OKUNBOR writes.

Nigeria is not leaving any stone unturned as it moves to tap opportunities opening up in the global air cargo value chain. Part of the strategies the country has adopted is deepening the processes involved in growing non-oil exports.

To achieve this objective, governmental organisations, including the Federal Airports Authority of Nigeria (FAAN), National Agricultural Quarantine Services (NAQS), National Agency for Food and Drug Administration and Control (NAFDAC), airlines, ground handling firms and others in the value chain are scaling up efforts to increase the volume of air cargo ferried out of Nigeria.

The move, by the authorities, experts say, is to push Nigeria to a vantage position in the league of countries leveraging air cargo for the growth of their economy.

Experts say Nigeria could earn millions of dollars as revenue from the air cargo/logistics value chain valued at over  $6 trillion.

But, there are obstacles on the way – lack of compliance with destination requirements and packaging procedures.

To overcome this, the Aviacargo Roadmap Committee set up by FAAN at the weekend embarked on a tour of export laboratories to have  a first-hand knowledge of the processes involved in certifying commodities for export and the challenges faced by exporters in meeting the required standard for export.

The committee visited laboratories run by  Katchey, NAFDAC and NAQS Pack House.

To stave off rejection of the country’s exported agro-products in Europe and other parts of the world NAFDAC and NAQS have  entered into partnership to streamline the processes required for getting produce certified.

At the NAFDAC Central Laboratory  in Lagos, the Director, Laboratory Service, Dr. Charles Nwachukwu, said the Director-General, NAFDAC, Prof. Moji Adeyeye, is concerned with the rejection of Nigerian products abroad, adding that it is collaborating with NAQS to reverse the trend.

He added that NAFDAC and NAQS are working out a Memorandum of Understanding (MoU) to streamline the certification of export products out of Nigeria.

He said: “The Director-General of NAFDAC is seriously concerned about the rejection  of our commodities in Europe and in every part of the world. I am glad that Nigeria Agricultural Quarantine Services (NAQS) is working with us on this. There are series of meetings that are ongoing to streamline export of agricultural commodities and finish product outside this country. The whole idea is  how they can streamline things and see what we have to do about the various certifications that are required.

“One of the criteria we are using is that we want to encourage exporters to have a good certification. There is nowhere in the world they have rejected the certificate of NAFDAC because we have one of the best labs in Africa.

Nwachukwu added that NAFDAC is offering laboratory services for export products free of charge adding that the export rejects have been a major concern between the two agencies, “that is why we are trying to see what we can do to avoid those rejects”.

Earlier, Coordinator, Aviacargo Committee, Mr Ikechi Uko, said part of the reasons for visiting the lab was understand the processes agro-products pass through to get certified before they are exported abroad.

“We need to be number one in Africa, in a hurry for the simple fact that we have the largest economy in Africa, we have busy airports many Products and the biggest Population, we want to be the hub for cargo movements in West Africa.

“Kenya is ranked number one in Africa, yet it has a smaller economy and a smaller population, what are we not doing right in Nigeria where we have busier airports and a larger population and vast arable land?”

Also, a member of the AviaCargo Committee, Dr. Alex Nwuba, said the tour of laboratories opened vistas for harmonisation/collaboration for agencies involved in agro-allied tracing, sorting and certification at the airport to achieve seamless operations for air cargo.

In particular, the Committee, Nwuba observed, need to interface with relevant agencies to deepen their processing/packaging procedures to avoid the rejection of air cargo /agro- produce in destination countries.

The Centre for Social Change and Democracy (CSCD) has condemned the recent appointment spree in the Federal Ministry of Aviation by its minister, Captain Hadi Sirika.

The Centre, in a statement signed by its Executive Director, Edward Abakpa, described the appointees as cronies of the minister who have no business whatsoever in such positions.

Abakpa said the appointment is a last-ditch attempt by Sirika to reward his loyalists who will in turn sustain the corruption, looting, and high-handedness he entrenched in the aviation sector.

Recall that Sirika recently approved the appointment of Kabir Yusuf Mohammed as the Managing Director of the Federal Airports Authority of Nigeria (FAAN).

The minister also named Engr A. Tayib Odunowo as substantive Managing Director/CEO for the Nigerian Airspace Management Agency (NAMA).

About 30 others were either handed fresh appointments or redeployed with just a few days to the end of Sirika’s tenure as minister.

And Abakpa said these appointments by Sirika are unnecessary, despicable, and unwarranted in the twilight of the Buhari administration.

He said the latest development highlights how well the ministry has regressed in the last eight years under Sirika who has failed to deliver the much-acclaimed Nigeria Air.

Read Also: Reps query FAAN over dilapidated state of airports in Nigeria

Abakpa noted that the new FAAN and NAMA bosses are not qualified for the roles, adding that they are beneficiaries of Sirika’s power play.

“Sirkika negates the central mystique of the Buhari Administration, especially the anti-corruption fight. While the minister’s shady schemes aren’t new, they reached a new level with the new appointment.

“Sirika is building obstacles and creating organizational confusion for the incoming administration. His actions have taken the ministry backward. The minister’s direct control resulted in transactional rather than functional operation of the agencies, thereby impeding their progress.

“Sirika through his micromanagement activities has led to the current state of the sector. He has failed woefully in his duties and deserves a certificate for this. He must not cause further wreckage for Bola Tinubu.

“It is on this note that we are calling for a thorough investigation of those appointments, employment, awards of contracts, and promotion within the aviation sector. Sirika must explain to the world how funds budgeted for the Nigeria Air project have been expended.

“He should also explain how his cronies got to the pinnacle of the aviation sector without the requisite qualifications. Failure by the Tinubu government to probe these appointments will throw the country into monumental chaos and mark a return to the dark ages when the airwaves were unsafe for people to fly anywhere in the country.”

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The push to attain efficiency in flights is forcing Nigerian carriers to embrace international safety audit and regulatory certification. Scaling such exercises not only enables them to close gaps in many areas of operations, but fetches them the membership of the league of global carriers, its clearing house with attendant benefits for airlines’ codesharing and interline agreements, KELVIN OSA OKUNBOR reports

The drive to ramp up safety in airline operations is gaining global traction as airlines, civil aviation regulators and trade associations of carriers consolidate efforts to raise the bar in the enforcement of standards and recommended practices in the flight safety value chain.

Inceasingly, more operators, including Nigerian airlines, are signing on to international operations safety audit and certification to scale up their processes and procedures to internationally-accepted standards and regulations.

Only five of Nigeria’s 23 airlines have  completed and passed the global safety certification by the International Air Transportation Association (IATA).

In the last few years more Nigerian carriers have embraced the International Operations Safety Audit (IOSA) by the IATA.

Globally, there are 438 airlines on the IOSA registry of which 142 are non-IATA members.

Last week, IATA presented United Nigeria Airlines (UNA) with its Operational Safety Audit Certificate.

UNA is the sixth domestic carriers to register as an IOSA Operator. Others are Air Peace, Overland Airway, Ibom Air, Arik Air and Allied Air.

The certificate presented by the Area Manager, West and Central Africa, Dr. Samson Fatokun, was received by the airline’s management team, led by the Chief Operating Officer (COO), Mazi Osita Okonkwo, at the airline’s office in Ikeja, Lagos.

The IOSA programme is recognised for assessing the operational management and control systems of an airline.

Created by IATA in 2003, IOSA uses international quality audit principles  to conduct standardised audits.

Fatokun said the airline achieved the IOSA certificate within two years, stating that it was worthy of congratulations.

Fatokun, who pointed out that it was the first time United Nigeria, was coming on the IATA registry, said: “We know what it takes to achieve it. United Nigeria achieved it in two years. It is a great accomplishment and we will like to congratulate the airline. You should be proud of yourselves.”

Advising that sustenance of the certificate is important, Fatokun said:  “IOSA is an end and also a means you can use to go higher. I congratulate you and say you have done well. We have very few airlines in West African region that have it. You are one of the few. It is very good and we hope you sustain it. We also have  six  airlines in Nigeria that are on the IOSA register. There is no country that has as much as that.”

He listed the benefits of the programme to Nigerian carriers to include the establishment of the first internationally-recognised operational audit standards, which would bring about reduction of costs and audit resource requirements for airlines and regulators as well as the continuous updating of standards to reflect regulatory revisions, and the evolution of best practices within the industry.

On the airlines, which are yet to be on the registry, Fatokun advised: “I will encourage those airlines which are not in the registry to join. Our solemn encouragement is for them to join. The membership objective is safety. Any airline that aspires for safety, we will help them. We urge those airlines that are not in the register to approach us and see how they can be members.”

IATA’s representative, however, said to become an IATA member, an airline must first be on the IOSA registry.

Okonkwo said: “This is a journey we started  six  months ago. We thank our team that worked so many hours. We also thank IATA and the audit team that guided us throughout the process.

“It couldn’t have been easy without our airline’s team, the regulator, ground handlers, and other stakeholders. It involves visiting our ATO that trains our pilots to ensure that our books are in order. In terms of United Nigeria Airlines, this is one step along our set objectives. It is a requirement and it is good to have such a stage in our development.

“We will explore the advantages accruable from the IOSA registry. The business of flying is the business of safety. It is a collaborative work with the NCAA and IATA. 

“It is also about benchmarking on safety standards according to the global best practices. We have a certified benchmark to work with. Codeshare will be part of it and we will announce the airlines we will be codesharing with.’’

Developments from one of the local carriers under the government’s rescue plan, being handled the Asset Management Corporation of Nigeria (AMCON), has triggered a debate. The battle for the soul of the carrier ‘amid take-over controversies’ has put on the burner the mandate and scope of the interventionist agency, writes KELVIN OSA OKUNBOR

Airlines in Nigeria are not insulated from the challenges plaguing the global air transport sector. It was for this reason that the Federal Government packaged intervention funds for beleaguered indigenous carriers many years ago.

But, the life-saving option is yet to achieve the desired results.

A few years ago, the Asset Management Corporation of Nigeria (AMCON) took over Arik Air as a receiver-manager, to rescue the erstwhile carrier from imminent collapse.

Though experts are yet to reach a consensus on the performance of AMCON in reviving Arik Air, the airline’s founder, Sir Johnson Arumemi-Ikhide, seems to want to stage a comeback.

The drama unfolded at the corporate office of Arik when the management  prevented Sir Johnson from accessing its premises.

Arumemi-Ikide and his aides had arrived at the entrance of the airline’s premises, following a recent Federal High Court order, which granted him the right of access to the premises of the airline that had been taken over by AMCON in 2017.

When Arumemi-Ikide attempted to enter the premises, the security guards on duty informed him that they had received an order from the receiver- manager not to allow him in.

Despite pleading with them, the security officials refused him entry. Arumemi-Ikide, then, proceeded to the Police Division’s office at the airport to write a statement, promising to inform his lawyers, who would take up the matter.

AMCON had designated Kamilu Omokide as a receiver-manager in June 2019, replacing the erstwhile Receiver- Manager, Mr Oluseye Opasanya, after taking over the airline, compelling Arumemi-Ikide to file an originating motion on December 14, 2021.

But, AMCON has clarified the development, saying Arik Air’s operations under receivership are unaffected by a March 31 Lagos Federal High Court ruling to set aside the transfer of the airline’s assets to other companies.

In a statement, AMCON said it would exercise its right to appeal the ruling relating to its “dealings in specific transactions concerning limited assets”.

Still, it added, the court “clearly and without equivocation affirmed that AMCON was competent and empowered to appoint the receiver-manager of Arik, that the appointment by AMCON was proper, and that the continued operations of Arik was not affected. Put simply: the judgment does not affect the operations of Arik or that of the receiver-manager to superintend the affairs of the troubled Arik Air.

“The court did hold that the receiver-manager was obligated to act in the best interests of Arik and other creditors – a point that AMCON and the receiver-manager have never disputed,” the state-appointed asset manager said.

Arik Air, led by its Arumemi-Ikhide and his wife Mary filed a suit on December 14, 2021, against Omokide, AMCON, NG Eagle Limited, Super Bravo Limited, and the Nigeria Civil Aviation Authority (NCAA).

In his ruling on March 31, Justice Lewis-Allagoa ordered that the transfer of Arik Air assets by Omokide or AMCON to NG Eagle and/or Super Bravo be set aside.

It ordered that the transfer of Arik Air’s assets was done in bad faith and constituted a violation of the receiver-manager’s duty to Arik Air under Nigeria’s Companies and Allied Matters Act of 2020.

Investigations by The Nation show that the global aviation community is getting worried over developments in the country’s aviation sector. Specifically, experts have faulted the developments emanating around the airline.

A source said allegations of not following due process levelled against the receiver-manager of the airline leaves very much to be desired.

On the denying the founder entry into Arik Air’s head office in Lagos,  the source said: “The said judgment had been appealed and a stay of execution duly filed and served.The management of Arik, therefore, was shocked to hear he was at the gate demanding entrance into the premise.”

Another expert said: “We are unhappy with the attitude exhibited by the founder of the airline, having duly notified his legal counsel of our appeal and stay of execution. It was a needless show of bravado, a publicity stunt.”

AMCON had stated at the take over that the carrier had exposure of over N200 billion. Besides, the interventionist agency said the carrier also owed    banks and other financial institutions N70 billion.

The expert queried: “It is curious that instead of placing before creditors a credible settlement proposal, the founder of the carrier prefers the drama of invading the premise of Arik Air and disrupting operations and industrial harmony.

“He should wait for the court process to take its course or try and settle with the creditors.”

As the battle for the soul of the airline lingers, investigations by The Nation show that AMCON and the receiver-manager secured a court order in 2017, reference No. FHC/L/CS//2017 at the Federal High Court, Lagos Division affirming the appointment of Oluseye Opasanya  as Receiver Manager of Arik Air by AMCON. AMCON using its powers under the AMCON Act secured the court order to protect the assets and undertaking of the first defendants and to enable and assist the second plaintiff  to exercise his power and perform his duties unhindered.

Citing matter of receivership pursuant to the Asset Management Corporation of Nigeria Act of 2010 as amended, AMCON and the receiver- manager – Arik Air Limited as first and second plaintiffs, on February 8, 2017  filed for Motion ex-parte pursuant to Order 26 Rule 8,(1) and Order 28 Rule 1 (1) &2 of the Federal High Court (Civil Procedure ) Rule 2009 , Sections 4-6 , 34, 35 & 48 AMCON Act and inherent jurisdiction of the court securing an Order of Interim Injunction restraining  the first defendants , its shareholders , directors, managers, officers, employees, consultants, agents and representatives, any person or persons acting directly, indirectly on behalf of the first defendants from doing anything , or taking any actions or steps to attack, hinder, disrupt, obstruct, frustrate , interfere in anyway whatever, with the activities of the second plaintiff in the discharge of its duties as the Receiver Manager of the first defendant pursuant to the provisions of the AMCON Act 2010 as amended.

The suit among other demands also secured an Order of Interim Injunction restraining the first defendant , its directors, shareholders and agents or any person, persons acting directly or directly from on behalf of the first defendant from in anyway whatsoever from , alienating, disposing, or otherwise dealing with the assets and entire undertaking of the first defendant, including but not limited to aeroplanes, shares, spare parts thereof , banks accounts and real property.

The plaintiffs also secured an Order of Interim Injunction restraining the creditors of the first defendant , their shareholders, directors and any agents, or representatives , or any persons acting directly on behalf any creditors of the first defendant , from “doing anything , or taking any action , or steps to attack , hinder, obstruct, disturb, frustrate, or otherwise, interfere in anyway, howsoever,  with the activities of the second plaintiff, and his agents, and any person acting on his behalf in the discharge of his duties as Receiver Manager of the first defendant.”

An Order was also secured directing the defendants whether by themselves or their agents in providing full information and documents and delivering possession to the second plaintiff of all accounting and other documents/ records in their custody, possession or control pertaining to the affairs, assets and undertaking of the first defendant as will pave way for and assist the second plaintiff in exercising his powers and performing his functions as the Receiver Manager of the first defendant.

The federal high court also directed the Nigeria Police Force to maintain law and order, ensure the peace, protect the assets of the first defendant and provide protection to the second plaintiff in the discharge of his duties and functions as Receiver Manager of the first defendant pursuant to the provisions of the AMCON Act.

AMCON said it sought the Court’s prayers on the grounds that: the first defendant is indebted to the first plaintiff, has refused, neglected and failed to cooperate with the first plaintiff in the resolution of the first defendant’s huge indebtedness of significance consequence among others.

A source with a good knowledge of the case said that apart from the fact that the court did not address or even attempted to set aside this subsisting order of a court of equal jurisdiction, the new judgment was problematic as it was in stark conflict with the existing orders. Secondly, it was trite that you could not enforce a judgment that has been lawfully appealed and a stay of execution filed and served.

Meanwhile, investigations by The Nation reveals that AMCON also citing a Notice of Appeal filed at the Court of Appeal in Lagos with suit Appeal No. FHC/L/CS/1175/2 between Kamilu Alaba Omokide, Receiver Manager Arik Air Limited, AMCON, NG Eagle Limited and Super Bravo Limited as Appellant with Johnson Arumemi, Nigeria Civil Aviation Authority as Respondents conveyed the dissatisfaction of the appellant with the judgement presided over by Honourable Justice Ambrose Lewis – Allagoa at the Federal High Court, Judicial Division with suit No. FHC/L/CS/1175/2021 on March 31, 2021.

According to the Appellant, the Lower Court erred in law because the first and second respondents – plaintiffs in the earlier court did not serve a Pre- Action Notice on the second appellant prior to the start of the suit at the Lower Court as required by Section 43 (2) of the AMCON Act 2010 as amended.

The appellant posit that the suit  with No. FHC /L/CS/1175/2021 is premature for failure to comply the condition precedent of serving the appropriate pre- action notice as required by law. And that the lower court lacks jurisdiction to entertain, hear and determine the suit.

Fingering 16 grounds of error of law, it among other prayers sought the Court of Appeal to dismiss the case of the first and second respondents as well as invoke an Order setting aside the part of the judgement of the Federal High Court , Lagos , presided over by Hon. Justice Ambrose Lewis – Allagoa dated March 31, 2023.

As Nigeria marches towards improving the implementation of its safety management systems, experts are worried that the gaps in certain aspects of its civil aviation regulations need tightening, KELVIN OSA OKUNBOR reports

As the global civil aviation regulatory space consolidates efforts to improve air safety, some countries, including Nigeria, are scaling up measures to ensure all areas are covered.

Significantly, the International Civil Aviation Organisation (ICAO) a few years ago launched a programme tagged:  “No Country is Left Behind(NCLB’s)”. The initiative highlights ICAO’s efforts to assist states in implementing the Standards and Recommended Practices (SARPs).

The main goal is to help ensure that SARP’s implementation is better harmonised globally so that states have access to the significant socio-economic benefits of safe and reliable air transport.

The NCLB’s effort also promotes ICAO’s  resolve on Significant Safety Concerns (SSCs) and this has  brought to light ICAO’s safety oversight audits as well as other safety, security and emissions-related objectives.

Part of the measures includes deepening of its standards and operating procedures, enhanced training of air safety and airworthiness as well as technical personnel.

To achieve this, experts in the sector have called on the Nigerian Civil Aviation Authority (NCAA) to ensure that loopholes in its oversight duties are rectified.

Worried over this development,  the Society of Licensed Aircraft Maintenance Engineers (SLAMEN) has called on the NCAA to use its audit to determine the financial capability of an organisation that owes workers’ salaries for two months.

The body considers inability to meet workers’obligation in the aviation space as a very serious.

The body appealed to NCAA to increase its enforcement of the Nigeria Civil Aviation Regulations (NCARs.) and carry out more surveillance  on the Expatriate Quota to prevent abuse.

The body decried the employment of foreign engineers are for aircraft maintenance to the detriment of local engineers, adding that this is good for the industry.

The President of SLAMEN,  Chukwuka Iloeje,  said recently in Lagos: “We request that the authority uses its economic audit to determine the continued financial capability of an organisation that does not pay salaries for two months at a stretch – a serious safety issue.”

He also requested the NCAA to open a channel for anonymous reporting of violations to avoid fears of reporting or victimisation of reporters, adding that appropriate controls should be in place on these issues.

Iloeje urged employers of aircraft maintenance engineers such as Airlines and Maintain Repair and Overhaul (MROs) to make it a priority to train and use them rather than giving preference to their foreign counterpart.

The president, while appreciating employers for providing AMEs the opportunity to practice their profession and  also meet their societal obligations, he, however, appealed to them to  continue to give due recognition to the importance of the profession as provided for in the Nig. CARs and NCAA-approved company manuals.

“Provide the required tools, spares, and equipment. Maintain good working conditions for licensed engineers to perform optimally. Pay engineers good salaries that are commensurate with the very high responsibility bestowed on us by our duty. Our families need to be very comfortable for us to always be in the right frame of mind to perform safely and efficiently.”

On the profession, Aircraft Maintenance Engineering, Iloeje said it is recognised worldwide, by International Civil Aviation Organisation (ICAO) to airlines and passengers as very critical to aviation.

He argued that after the manufacturers  of aircraft, the Aircraft Maintenance Engineers are next in the ladder.

His words: ” We occupy the next step in the next ladder of safety. A pilot cannot embark on a flight without the Certificate of Release to Service being issued by an appropriately rated Licensed Engineer nor will a passenger board an aircraft if he knows that it is not well maintained and hence not airworthy. We are therefore required to be people of high integrity, reliable sense of purpose, and excellent performers of our duty.”

He advised members to perform their functions excellently, urging them to be conversant with the provisions of Nig. CARs, relevant Aircraft Maintenance Manuals and other requirements.

“Perform our duties to give confidence to the occupants of the aircraft. Let us work hard to help our companies minimise delays and flight cancellations, improve financial standing and grow the businesses,” he added.

Nigeria’s quest to transit into a hub for air transport in the West African Sub-region is threatened by many challenge. Resetting the sector for growth requires a workable blueprint produced from conversations by operators, regulators and operators, writes KELVIN OSA-OKUNBOR.

Nigeria is in a race against time to achieve its dream of becoming the best aviation industry in Africa and one of the best in the world.

As lofty as this ambition may appear, its air transport industry needs recalibration to attain its full potential.

The Federal Government and its agencies are still consolidating efforts to build a safe, secured, efficient industry focused on making the country a hub that meets international standards  and best practices for the African continent.

To bridge this gap, experts have called on the Federal Government to latch on a framework to develop a blueprint that would take the sector to its anticipated height.

Such platform, they said, would serve as a forum for sharing ideas on contemporary developments in the industry and offer solutions to the challenges in the sector.

Experts said the absence of a perceived vacuum/non-existence of a formidable platform is erecting a road block to the progress of the industry.

Worried over the trend, the Federal Government, through the Federal Airports Authority of Nigeria (FAAN), a few years ago initiated the National Aviation Conference.

FAAN Managing Director, Captain Rabiu Yadudu, said the sector would achieve much if players, operators, regulators and organisations in air travel and allied space draw a compass for addressing the challenges.

It is for this reason that Yadudu said experts and players would meet to fix the industry’s sore points.

Confirming this year’s National Aviation Conference billed for May 15 to 18, in Abuja, Captain Yadudu said another stage for conversation has set in for players to examine the sustainability of aviation.

He said industry players had looked forward to detailing opportunities in the airports in the repositioning of secondary aerodromes through cargo operations.

Besides, airports in Lagos, Abuja, Port Harcourt, Enugu and Kano , other aerodromes in Benin, Owerri, Kaduna, Ibadan, Akure, Makurdi, Ilorin, Katsina, Gombe, Jos, Minna, Calabar, Uyo, Maiduguri, Yola, Bauchi and others remain secondary.

But, many state governments – Ogun, Delta, Akwa Ibom, Kebbi, Jigawa, Taraba, Cross River, Anambra, Ebonyi, Yobe, and Ekiti – have constructed airports in their domains.

He said: “Because Nigeria is a race against time to cover lost grounds, we are putting together an investment forum, where the authority will market its asset towards commercially viable airports, create access to sustainable alternatives in revenue generation for airports through funding and other innovative options.”

He said issues such as strategic diversification of the authority ‘s revenue sources with emphasis on non-aeronautical revenue lines, including airport advertising, tourism and land development, would be on the burner.

Yadudu added: “The conference will address the future of the airports with respect to safety, security, innovations, financing, leasing, sustainability and growth.”

An expert said: “The industry is upbeat. This is because another opportunity is being opened to take a critical look at how collaboration with state governments and potential investors will lead to huge opportunities in states that have built airports to open new air routes.

“This, no doubt, will trigger corresponding increase in passenger and cargo traffic and such nexus is expected to be a win-win for all stakeholders.

“What about the opportunity offered by exhibitions to showcase their commercial offerings at airports in states to attract foreign and local investments. This is borne out of the belief that if the opportunities in the states are adequately harnessed in agriculture, tourism and solid minerals it will have a chain effect signaling commercial viability of airports.”

Experts said the growth of the sector is dependent on  the consensus of stakeholders’ suggestions on how technology-driven innovations to improve safety, security, sustainable development and the utilisation of local capacity to complement and effectively manage infrastructure.

Investigations show that at previous interactions, it was discovered that multiple regulations between FAAN and Nigeria Export Processing Zones Authority (NEPZA) is one of the major factors affecting the free trade zones’growth.

It also brought about the suspension of the issuance of licences to applicants on the FTZs at the airports until conflicts in the regulatory framework was resolved.

An analyst said leveraging conversations had accelerated the impetus to address teething challenges, including ageing infrastructure, replacement of airports’ equipment and training of aeronautical personnel.

Minister of Aviation, Hadi Sirika said at a previous conversation, had said: “The  aviation sector has latent potential waiting to be explored. It is a virgin industry. Our national resources have positioned us strategically as a continental and global leader. All industry players must, therefore, pull resources together to take advantage of these opportunities.

“The government is open to providing a level-playing field for competition and innovation. We are willing and ready to discuss business and partner with innovators to bring the desired growth and development to the industry.”