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Tag: Aero

  • Passengers chose to disembark via ladder, says Aero

    Passengers chose to disembark via ladder, says Aero

    Aero Contractors yesterday explained that passengers chose to disembark from the Boeing 737-500, which landed at the Bauchi Airport on Saturday, via a ladder when they could no longer wait for the airstairs.

    The 34-chartered passengers, including the groom, were in Bauchi to attend a wedding.

    They were said to have pressured the pilot  that they be allowed to disembark  from the aircraft via a ladder.

    Though the airline did not give the name of the groom, who hired the aircraft, it said the agitated passengers forced Capt Nikcevic Vlado to allow them disembark after waiting 10 minutes for the airport manager to provide the airstairs.

    Addressing a briefing yesterday in Lagos, the Accountable Manager and Managing Director, Capt Russel Lee Foon, attributed the breach in operational procedures to failure of the airport management.

    He said the pilot would not have allowed a breach of safety procedure, but was unsure of the temperament of the passengers, who declined to return to Abuja.

    Foon said the airline was assured of adequate ground handling services by the Bauchi Airport Manager before the airline embarked on the flight.

    The managing director said the flight was booked by a group of young people, who were to attend a wedding, with the groom was on board.

    He said on December 18, the  Head of Ground Operations, Peter Omata, confirmed through the Bauchi Airport Manager, Mr. Abubakar, of availability of the airstairs.

    “Prior to leaving Abuja, the flight despatcher contacted the Airport manager to advise that the aircraft was taxing out and he confirmed that they were ready to receive the flight.

    “At 10:42am, the aircraft touched down on Runway 35 at the Sir Abubakar Tafawa Balewa International Airport. The controller advised the crew that due to the absence of marshallers and ramp officials, parking would be at their own discretion.”

    “At 10:44am, the flight despatcher on board contacted the Airport manager to advise him that they were on the ground, to which he confirmed that he has seen the aircraft and that they were waiting.

    “After parking, the captain reported that they waited for 10 minutes for the stairs to be brought to the aircraft but no assistance or stairs came to the aircraft.

    “The captain reported that he informed the passengers of the situation as they were beginning to get agitated. What was not known to the crew at the beginning of the flight was that the groom was on board. The wedding was to start in 20 minutes”, the Accountable manager said.

    He added that at 10:57am, the crew called the controller to enquire why there was no one to position the stairs and he was told the stairs had “just broken down” and that the fire service were sorting it out.

    Foon said after waiting for another seven minutes the passengers became furious as they were now getting late for the wedding.

    “At this point the captain went to the cabin and explained to the passengers that he may have to take them back to Abuja as they cannot disembark due to lack of stairs.

    “According to him, the group insisted that he cannot keep them on board the aircraft and he considered that their anger was becoming potentially threatening.

    “The alternative, which the fire service provided was a ladder which the passengers took as an option and on their own free will used the ladder to disembark against the wishes of the captain and crew.

    “The captain allowed this procedure in order to reduce what he thought was a volatile situation.”

    Meanwhile, the Accountable manager said an investigation had begun and that the result could lead to changes in the airline’s operational procedures.

    The findings, he said, would become part of the airline training and Crew Resource Management (CRM) re-currency training exercises.

    Foon said the decision to perform any further charters into Bauchi was suspended on B737 aircraft but that the airline could consider charters into Bauchi on Q400 or Dash 8-300 aircraft.

    The Aero boss said any future charters to destinations that were not areas of scheduled commercial flight operations must have at least one permanent ground handling company.

    Our story, by FAAN

    The Federal Airports Authority of Nigeria (FAAN) yesterday said it had no hand in the use of ladder by Aero Airlines to disembark passengers at the Bauchi Airport.

    FAAN said the airport was not managed by it but the Bauchi State government.

    The clarification, according to its spokesman, Yakubu Dati, became imperative because of insinuations attributing the use of unauthorised equipment to FAAN.

    In a statement yesterday, Dati said: “Without prejudice to the directive given by the minister of state for Aviation for investigation into the cause of the incident, we wish to clarify that Aero Contractors’ use of unauthorised equipment (ladder) to disembark its passengers does not have anything to do with FAAN.

    “The Bauchi Airport is managed by the Bauchi State government and FAAN only provides statutory services at the airport, such as aircraft marshalling, aviation security services and fire cover.

    “The Authority does not provide handling services for Aero Contractors and therefore does not understand why it should be held responsible for the non-provision of appropriate equipment for passenger disembarkation.

    “We also do not understand why the absence of marshallers on the apron, as claimed by the airline, could cause the use of unauthorised equipment for the disembarkation of passengers from the aircraft.

    “We urge the public to discountenance any story linking FAAN, in any way, with the use of unauthorised equipment by Aero Contractors at the Bauchi Airport.”

     

     

     

     

  • Why we disembarked passengers with ladder – Aero

    Three days after 34 passengers disembarked from Aero’s Boeing 737-500 using ladder at Bauchi Airport, the airline said on Monday that its pilot was under pressure from passengers that chartered the aircraft in order to meet up with a wedding ceremony.

    Although the airline did not disclose the identity of the groom who hired the aircraft, it said agitation by passengers on board forced the pilot in command, Captain Nikcevic Vlado to buckle under pressure to allow the passenger to disembark after the aircraft waited for 10 minutes for the airport manager to provide the air stairs which he assured was available.

    Addressing a media briefing at its headquarters in Lagos, the Accountable Manager and Managing Director, Aero, Capt. Russel Lee Foon, attributed the breach in operational procedures to failure on the part of the airport management.

    He said the pilot would not have allowed such breach of safety procedure, but was unsure of the temperament of the passengers who declined to return to Abuja Airport.

    He said  the airline was assured of adequate ground handling services by the Bauchi Airport Manager before the airline embarked on the flight with B737—500 series with registration 5N-BLG.

    Lee Foon said the charter was booked by a group of young people, who were to attend a wedding party, adding that the groom was also on board.

  • Minister orders probe into use of ladder at Bauchi Airport

    Minister orders probe into use of ladder at Bauchi Airport

    …NAHCO denies involvement in incident 

    The  Minister of State for Aviation, Senator Hadi Sirika has directed an immediate investigation into the use of an unauthorized equipment by Aero Contractors Airlines at the conclusion of a charter flight to Bauchi over the weekend.

     

    This is just as one of the ground handling companies, Nigerian Aviation Handling Company ( NAHCO) Plc said it is was not involved in the incident because it does not operate at Bauchi Airport .
    The minister spoke through the deputy director in charge of press and public affairs in the ministry, Mr James Odaudu.

     

    Several reports received by the Minister have indicated that the airline used a ladder to disembark passengers from a Boeing 737 aircraft at the  Bauchi airport on Saturday December 19th 2015.
    According to the Minister, the act is inconsistent with Nigeria Civil Aviation Regulations (NCARs) and International Civil Aviation Organization (ICAO) Standards and Recommended Practices (SARPS).
    The investigation will determine the immediate and remote causes of the incident with a view to developing and implementing measures that will prevent a reoccurrence of the unsafe and unacceptable procedure that exposed passengers to high risk of serious injury.

     

    He reiterated that if the airline is found culpable, the full weight of sanctions within extant laws and regulations would be applied on it.

    The Minister assures the traveling public that the Ministry of Transportation in collaboration with Nigerian Civil Aviation  Authority (NCAA) will ensure strict adherence to the Nigerian Civil Aviation Regulations as well as ICAO Standards and Recommended Practices by all operators.

    Sirika further states that the ministry will not fail  in its responsibility to ensure a safe and secure air transport services which he views as sacrosanct.
    Meanwhile, Nigerian Aviation Handling Company Plc (NAHCO aviance) on Sunday said it was not responsible for the ordeals of Aero contractors at Bauchi airport where its passengers had to disembark from an aircraft with a ladder on Saturday.

     

    In a statement signed by its spokesman, Mr Tayo Ajakaye ,  NAHCO  said,  “The attention of the Nigerian Aviation Handling Company Plc (NAHCO aviance) has been drawn to reports making rounds on the social media to the effect that it was its failure to provide handling service to one of its esteemed clients, Aero Contractors, that caused passengers of the airline to disembark with ladder at the Bauchi Airport.

     

    “Nothing can be further from the truth. NAHCO does not have operations in Bauchi. This fact is well known to Aero and all our client airlines. So, for Aero to embark on that chartered flight to Bauchi, it definitely would have made its own private arrangements.

     

    “Aero’s statement in this regard is particularly clear. It never mentioned NAHCO, nor for that matter, any ground handler as the reason it had to innovate.”

  • Aero gets award

    Aero gets award

    Aero Contractors has won the Safety Culture Award. It also received an ambulance from the Nigeria Employers Consultative Association (NECA) and Nigeria Social Insurance Trus Fund (NSITF) for its effort.

    The award, according a statement by the airline, was won following an audit by a team of consultants from NECA/NSITF on Occupational Health and Safety (OHS) policies, procedures and culture.

    The statement reiterates the airline’s high safety and security standards in the market.

    The airline, the statement said, is known for its adoption of cutting-edge technology and for offering comfort, flexibility and quality services to its customers.

    On the award and the kind gesture from NECA, the Acting Managing Director of Aero, Capt. Russell Leefoon said: “Aero won the Exceptional Safety Culture Award for 2014, after a thorough audit from a respected and professional team of Safety Consultants from NECA/NSITF on the airline’s Occupational Health and Safety (OHS) policies, procedures and Culture.

    “We are delighted that our hard work to ensure highest safety standards are being recognised by reputable organisations like NECA and NSITF.’’

     

  • Aero gets IATA membership

    Aero gets IATA membership

    TO boost its safety and operational rating, Aero Airlines has been certified as a member of the International Air Transport Association (IATA). This was disclosed by the acting managing director of Aero, Captain Rusell Leefoon and the IATA area manager, South western  Africa , Mr Samson Fatokun at an event in Lagos.

    Aero, according to them, is now the second member of the global airline association in Nigeria and the third in West and Central Africa. This followed the IATA Operational Safety Audit (IOSA), the highest safety certification of the association  that Aero received last year.

    Aero, Nigeria’s oldest aviation company, received the membership certificate following a rigorous exercise in meeting safety standards, customer services and security by IATA over the last two years.

    The membership offers Aero opportunities for interline and code share with top players in the global business. The airline will also have access to training and information data base of IATA, among many benefits.

     

  • NCAA explains Aero air return

    The Nigerian Civil Aviation Authority (NCAA) has confirmed the air return made by Aero Contractors plane from Abuja Tuesday afternoon.

    According to a statement from Mr Fan Ndubuoke General Manager Public Affairs of NCAA, the aircraft which took off from the MMA2 about 3pm to Abuja from Lagos developed technical problem and made an air return as the normal procedure.

    The aircraft with 141 passengers on board on arrival at the international wing of MMIA Lagos had its passengers transfered to another Aero aircraft while some demanded for the refund of their fares.

    Some of the passengers according to Mr Ndubuoke rescheduled their flight for Wednesday.

    Mr Ndubuoke said NCAA will further examine what actually happened during the flight but assured the public of the agency’s commitment to safety and security of the Passenger.

  • Aero fires managing director, chief financial officer

    Aero fires managing director, chief financial officer

    Aero contractors, Nigeria’s oldest carrier has  fired its managing director Mr. Hugh Fraser and its and chief financial officer Mr. Tunde Pampam.

    Their sack it was learnt is a fall out of a battle of interest between legacy owners of the airline: the Ibru family and the government owned Asset Management Company of Nigeria (AMCON).

    Sources said Hugh was often taking some decisions against the wishes of AMCON which is overseeing the running of the airline over alleged debt running into N20-30 billion.

    Their sack it was learnt came on the heels of alleged frustration by the inactions of AMCON and the confusion associated with the running the airline’s board.

    Hugh was appointed by AMCON about two years ago.

    It was learnt that he went on leave without the board’s approval, while there are allegations of questionable decisions and allegiance.

    Following Hugh’s appointment, two top experts hinted that he was not a suitable candidate to run the airline, as Aero needed a turnaround specialist and not a commercially driven expert.

    The sack of Tunde Pampam, an AMCON appointed personnel came as a surprise to many industry players because he was very strict in maintaining financial discipline in the airline’s finances.

    It is not clear what infraction he may have committed that lead to his sack.

    Aero is one of Nigeria’s legacy private carriers with solid foundation until the financial crisis of the late 2000s swept it off leading to AMCONs take over.

    Although AMCON is currently managing the airline, there are fears that its problems are far from over, especially due to unstable management, and heavy staff influence and the unwillingness of the management to bite the bullet on staff issues.

    The Nigeria airline industry is facing trying times and need some concessionary support from the government to survive.

  • Breach of contract: Passenger sues Aero in the wrong court

    The Appellant as Plaintiff at the Edo State High Court, Benin Judicial Division filed an action, by way of a writ of summons, dated July 23, 2008. The Appellant, in her evidence before the trial Court, narrated that she procured a return ticket No.LB 041681E for Benin-Lagos-Benin flight, from the Defendants/Respondents on April 7, 2008.

    The following day, she was to travel from the Lagos airport to Benin airport, but instead, the Appellant was taken to Warri, contrary to the agreement contained in her ticket and boarding pass. Consequently, the Appellant incurred costs and suffered damages, having missed all her engagements and appointments in Benin City on that day. Wherefore she claimed against the Defendants/Respondents general damages for breach of contract by taking the plaintiff to Warri as against the contractual obligation to take her to Benin City and special damages for the shock, psychological trauma and hardship suffered by the plaintiff as a result of the delay and for not been able to meet up with her important appointments.

    The Defendants/Respondents at the trial Court filed a statement of defence dated May 5, 2009, and nine months later, filed a motion on notice asking the court to strike out the suit for lack of jurisdiction. The Learned Judge after taking arguments from both parties, ruled in favour of the Respondents to the effect that the proper Court to hear the suit is the Federal High Court, and struck out the suit for want of jurisdiction.

    It is against this ruling of the Court, that the Appellant now appeals to the Court of Appeal by way of a notice of appeal dated  June 1, 2010, containing two grounds of appeal; seeking an order of the Court setting aside the ruling/decision of the trial Court delivered on the 19/5/2010, and remitting the suit to the Edo State High Court to be determined on its merits by a different judge. On the 11th of June, 2014, both parties adopted their written briefs. The Appellant by their brief of argument formulated two issues for the resolution of the appeal. They are as follows:

    “1. Whether the learned trial Judge was right when he held that the appellant’s claim does not border on breach of contractual obligation but relates to matters arising from aviation and safety of aircraft, under S.251(1)(k) of the 1999 CFRN, or pertaining to carriage of passengers and Goods under S.2 of the Federal High Court (Amendment) Decree No.60 of 1991.

    2. Whether the learned trial Judge was right when he held that the claim of the Plaintiff is not the major determinant factor for the jurisdiction of the Court.”

    The Court adopted the issues formulated by the Appellant in the determination of the appeal.

    On the first issue, Counsel to the Appellant submitted that the trial court was in error, when he held that the Appellant’s claim was principally in relation to matters arising from aviation and safety of aircraft under Section 251(1) (k) of the 1999 Constitution and pertains to carriage of passengers and goods under Section 2 of the Federal High Court (Amendment) Decree No. 60 of 1991. He went on to submit that the Appellant’s claim is based on breach of contract by the Respondent, for being unable to airlift the Appellant from Lagos to Benin as expressly shown on the flight ticket and boarding pass issued to the Appellant. He argued that the ticket confirms that the nature of the transaction between the parties was one of contract as indicated on the top left hand corner of the ticket. Counsel argued that Decree No. 60 of 1991 is not applicable to the Appellant’s case.

    On his second issue, Appellant’s Counsel posited that the jurisdiction of a Court is determined mainly by the nature of the claim as settled by numerous cases. Referring to the case of Oloruntoba-Oju vs. Abdul Raheem (2009) 26 WRN 1 at 15; (2009) LPELR-2596(SC), Counsel submitted that jurisdiction of a Court is determined by the nature of the claim as against the event that gave rise to the claim. Finally, Counsel submitted that the jurisdiction of a Court is determined by the pleadings and not the statement of defence.

    The Learned Counsel for the Respondent arguing the appeal submitted that it is the Plaintiff’s claim that determines whether the Court has jurisdiction or not. Counsel referred to Section 48(2) of the Civil Aviation Act, 2006, which implements the conventions for the unification of certain rules relating to international carriage by air signed at Montreal on 28/5/1999 as modified, and submitted that the Appellant’s claim is governed by the convention. Referring to the case of Patkun Industries Ltd. vs. Niger Shoe Manufacturing Company Ltd. (1988) 5 NWLR (Pt. 93) 138 at 152; (1988) LPELR-2906(SC), Counsel submitted that the trial Court was right to hold that Appellant’s claim was that of carriage of passengers by air.  On whether the High Court had jurisdiction to entertain the claim, Counsel argued that Section 272(1) of the Constitution confers jurisdiction on State High Courts; subject to the provision of Section 251(1), and other provisions in the Constitution. He submitted also that Section 251(1) allows for additional jurisdiction by an act of the National Assembly, and the Federal High Court Act as amended by Decree No. 60 of 1991, conferred additional jurisdiction on the Federal High Court, to include the carriage of goods and passengers by air. Counsel cited Sections 2(7)(1), to 2(7)(5) and submitted that by the combined provisions of Section 251(1) of the Constitution and S.7(1) of the Federal High Court Act, as amended by Decree 60 of 1991, the Federal High Court has exclusive jurisdiction pertaining to carriage of passengers and goods by air and meteorology. He argued that by the limitation in Section 272(1) the State High Court lacks the jurisdiction to hear the Appellant’s claim.

    In determining the appeal, the Court stated the trite position of the law that determination of a matter, by a Court is null and void if done without jurisdiction, and it does not matter whether the proceedings were well conducted or the resolution well decided. And consequently it is usually considered expedient to resolve same first before proceeding further to decide the matter on the merit. The Court stated that the fact as narrated is not what is in dispute and the vexed question is whether the State High Court (to which the Appellant approached for relief) had the requisite jurisdiction to hear and determine the case before it. The Court further stated that in the cases of KLM Airline vs. Kumzhi (2004) 8 NWLR (Pt.875) 231; Kabo Air Ltd vs. Oladipo (1999) 10 NWLR (Pt.624) 517, it was held that the combined understanding of the provisions of the Federal High Court Act 1973, as amended by Decree No. 60 of 1991, is to oust the jurisdiction of the State High Court, in matters relating to matters covered under Section 251 (1) (k) as amended by the Federal High Court Act, 1973 as supplemented by Decree No.60 of 1991; and aimed at increasing the scope of the jurisdiction of the Federal High Court in respect of the subject matter specified therein. On the other hand it removed from the State High Court, the hitherto concurrent jurisdiction in respect of the affected subject matters or actions: Egypt Air vs. Alh. Abdullahi (1997) 11 NWLR (pt.528) 179 at 187 – 188; (1997) LPELR-6287(CA).

    The Court resolved the issues in favour of the Respondent, and held that the trial judge was right when he agreed with the Respondent, that the Appellant’s claim was not anchored on simple contractual relationship, but that founded on a contract for the carrying of passengers by air, and for which the State High Court lacks jurisdiction to entertain. Consequently, the Court held that the appeal lacks merit and it was thereby dismissed.

    Edited by LawPavilion

    LawPavilion Citation: (2014) LPELR-23319(CA)

  • Airline Operators of Nigeria splits

    Airline Operators of Nigeria splits

    The body representing the interests of Nigerian airlines, the Airlines’ Operators of Nigeria, AON, has split

    AON broke up recently following a disputed election boycotted by major Nigerian airlines. The name of the parallel association will be decided in the northern Nigerian city of Kaduna

    The airlines that will be part of the new association include Nigeria’s biggest airline, Arik Air, the country’s second largest airline, Aero Contractors, as well as Max Air, Kabo Air, Chanchagi, Medview, Afrijet, Skypower Air, Express Air, Bristow Helicopters, King Air and 17 private operators.

    On Thursday, AON elected the Chief Executive Officer of Jed Air, Captain Nogie Meggison, as its chairman for the next two years, while Mr. Yvan Drewinsky, the Chief Operating Officer of suspended Dana Air, was elected Vice-President. The disputed election was conducted by an independent organisation, during the Annual General Meeting (AGM) of the body held in Lagos, southwestern Nigeria.

    It was the first election conducted by AON in the last 14 years after the last executive was dissolved on June 28, and a committee was appointed to take charge of affairs until Thursday’s election.

    However, major Nigerian airlines have dissociated themselves from AON and decided to dump it. When contacted, Mohammed Tukur, former AON Assistant Secretary General, confirmed that there would be an emergency meeting but gave no further details.

     

  • Aero workers reject sack

    Aero workers reject sack

    Over 600 workers of Aero Airlines yesterday stormed the headquarters of the company to protest what they described as unwarranted distribution of sack letters to their homes.

    They said they were not allowed to acknowledge the letters and that the decision of the airline is at variance with a court injunction on the matter.

    The workers, who took over the road leading to the airlines’ corporate headquarters in Lagos, said the option of sack explored by the management would compound the airlines’ problems, as passengers’ confidence is fast eroding over the inability to resolve workers’ welfare.

    The workers said the management of the airlines would force them to take the law into their hands, as the blanket sack is an insult to the spirit of collective bargaining and a violation of the laws affecting personnel engagement.

    Addressing the workers, the Acting General Secretary of the National Union of Transport Employees(NUATE), Comrade Motajo Abdulkareem, said what the management of the airlines has done is in gross violation of the agreement it reached with the union on how to resolve the impasse.