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Tag: Bi-Courtney

  • Court assumes jurisdiction in Bi-Courtney/Fed Govt suit

    Court assumes jurisdiction in Bi-Courtney/Fed Govt suit

    The Federal High Court in Lagos yesterday ruled that it had jurisdiction to entertain a suit filed by Bi-Courtney Limited against the Federal Government on a dispute on a concession agreement between them.

    Justice Ibrahim Buba held that the application challenging the court’s jurisdiction lacked merit.

    According to him, the application did not show how the reliefs sought by the plaintiff were outside the court’s jurisdiction.

    Bi-Courtney is claiming N66 billion as damages from an alleged breach of a concession agreement for the redevelopment of the domestic terminal of the Murtala Muhammed Airport II, Ikeja.

    The Attorney-General of the Federation (AGF), Asset Management Corporation of Nigeria (AMCON) and the Federal Airport Authority of Nigeria (FAAN) are defendants.

    The plaintiff said the Federal Government owes it N132 billion, adding that it was not indebted to AMCON which sought to take over its assets following an alleged debt.

    Among Bi-Courtney’s prayers was an order of injunction restraining AMCON or its agents from taking any step to recover the alleged debt or interfere in its management of MMA II, until the AGF fulfilled its obligation under the concession agreement.

    The AGF, through its lawyer, Prof Fabian Ajogwu (SAN), argued that the court lacked jurisdiction to entertain the suit on the grounds that the reliefs sought by the plaintiff had been decided upon by Justice G. Olotu of an Abuja Division of the Federal High Court.

    He said the suit constituted an abuse of court process and should be dismissed.

    But Bi-Courtney, through its lawyer, Chief Wole Akoni (SAN), said the claims had not been decided by any other court. He urged the court to dismiss the application.

    Justice Buba said while it was not ideal for a judge to overrule a decision made by another judge of the same court, a judge must examine facts of a case to arrive at a decision.

    “It is left for the second defendant to show this court why all or any of the reliefs is outside the jurisdiction of this court.

    “Consequently, the application by the second defendant lacks merit and is dismissed, moreso when AMCON was never a party in the previous action,” he held.

    The AGF and FAAN have pending applications in which they prayed the court to stay further proceedings.

    Justice Buba adjourned till April 26 to hear the pending applications.

  • Court assumes jurisdiction on FG-Bi-Courtney case

    The Federal High Court in Lagos on Thursday ruled that it has the jurisdiction to entertain a suit filed by Bi-Courtney Limited against the Federal Government over dispute on a concession agreement between them.

    Justice Ibrahim Buba held that the application challenging the court’s jurisdiction lacks merit.

    According to him, the application did not show how the reliefs sought by the plaintiff are outside the court’s jurisdiction.

    Bi-Courtney is claiming N66billion as damages arising from an alleged breach of a concession agreement for the redevelopment of the domestic terminal of the Murtala Mohammed Airport II, Ikeja.

    Attorney-General of the Federation (AGF), Asset Management Corporation of Nigeria (AMCON) and the Federal Airport Authority of Nigeria (FAAN) are the defendants.

    The plaintiff said the federal government owes it N132billion, adding that it was not indebted to AMCON which had sought to take over its assets over an alleged debt.

    Among Bi-Courtney’s prayers is an order of injunction restraining AMCON or its agents from taking any steps to recover the alleged debt or interfere in its management of MMA II, until the AGF fulfills its obligation under the concession agreement.

    The AGF, through his lawyer, Prof. Fabian Ajogwu (SAN), had argued that the court lacks the jurisdiction to entertain suit on the ground that the reliefs sought by the plaintiff had been decided upon by Justice G. Olotu of an Abuja Division of the Federal High Court.

    He said the suit constituted an abuse of court process and should be dismissed.

    But, Bi-Courtney, through its lawyer, Chief Wole Akoni (SAN), said the claims had not been decided by any other court. He urged the court to dismiss the application.

     

  • FG challenges court’s jurisdiction on Bi-Courtney’s suit

    The Federal Government has challenged the Federal High Court’s jurisdiction to entertain a suit filed by Bi-Courtney Limited following a dispute over a concession agreement between them.

    Bi-Courtney is claiming N66billion as damages arising from an alleged breach of the concession agreement for the redevelopment of the domestic terminal at the Murtala Mohammed Airport, Ikeja, Lagos.

    Attorney-General of the Federation (AGF), Asset Management Corporation of Nigeria (AMCON) and the Federal Airport Authority of Nigeria (FAAN) are the defendants.

    The federal government, through its lawyer Prof. Fabian Ajogwu (SAN), told Justice Ibrahim Buba that the defendants’ have pending applications namely: motion for stay of further proceedings and a motion challenging the court’s jurisdiction.

    Bi-Courtney, through its lawyer, Wale Akoni (SAN), also informed the court of its pending application to amend its originating process.

    Ajogwu argued that the court lacks jurisdiction to entertain suit on the ground that the reliefs sought by the plaintiff had been decided upon by Justice G. Olotu of an Abuja Division of the Federal High Court.

    The instant suit, he said, therefore constitutes an abuse of court process and should be dismissed.

    “The issues have been determined by Justice Olotu since 2012. I urge the court to grant this application and dismiss the plaintiff’s suit,” he said.

    Bi-Courtney filed the suit by writ of summons on February 1, 2013 seeking damages, declarative and injunctive reliefs following an alleged breach of the agreement dated April 24, 2013.

    On February 25, 2013, the AGF and FAAN urged the court to strike out Bi-Courtney’s suit or stay proceedings pending when arbitration was concluded.

    On November 9, 2015, Justice Buba dismissed the defendants’ preliminary objection on the ground that parties in a sister case were already in arbitration.

    Dissatisfied with the ruling, AGF and FAAN filed a notice of appeal dated December 11, 2015.

    They aver that unless Justice Buba stays proceedings, the Court of Appeal would be foisted with a fait accompli (an accomplished deed) and its decision would be rendered nugatory.

     

  • MMA2 is ready for regional operations, says Bi-Courtney

    Bi-Courtney Aviation Services Limited (BASL), operator of the Murtala Muhammed Airport Two (MMA2), has faulted the claims in some quarters that insufficient space for parking aircraft is delaying the commencement of international operations at its terminal.

    BASL said it has obtained authorisation from the Federal Airports Authority of Nigeria (FAAN) to begin regional operations at MMA2 as set out in the concession agreement between the two.

    The approval, however, requires regulatory approval from the Nigerian Civil Aviation Authority (NCAA) before commencing operations.

    BASL in a statement said the delay in obtaining NCAA’s approval has nothing to do with the size of its apron or any other operational issue.It  explained that various teams of inspectors from NCAA and other statutory agencies, including the Department of State Security (DSS), Nigerian Immigration Service (NIS), National Drug Law Enforcement Agency (NDLEA), Nigerian Customs Service (NCS) and the Port Health Service supervised its preparation for the international operations to ensure that it complied with all the requirements.

    It noted that all these agencies have also deployed their personnel at the terminal in readiness for the commencement of international operations, while the interior ministry had already accorded MMA2 the status of an entry point into the country.

    The statement reads: “We don’t have any issue with parking space for aircraft. That is a false allegation. The Federal Airports Authority of Nigeria (FAAN) has given us the authorisation to commence regional operations, but we still need other approvals from the Nigerian Civil Aviation Authority (NCAA).

    “And we have complied with all the requirements set by NCAA. These areas cover safety, security and operations audit. We have invested huge sum for the commencement of the regional operations for the past six months. We have signed the agreement with FAAN since last year.”

    Also reacting to the reported plans by an airline to move its operations from the terminal to the General Aviation Terminal, which is being run by FAAN, due to purported high charges at MMA2, the company denied that any airline was planning to relocate from its terminal.

  • Lagos-Ibadan: How Bi-Courtney’s arbitration was ignored

    Lagos-Ibadan: How Bi-Courtney’s arbitration was ignored

    •Fashola steps into controversy

    It was learnt yesterday that the rehabilitation of the Lagos-Ibadan Expressway suffered a setback because the Federal Government failed to respond to demand for arbitration by Bi-Courtney Highway Services Limited.

    Sources said the Minister of Works, Mr. Babatunde Fashola (SAN), has stepped into the deadlock and the government may revisit the arbitration.

    The Federal Government, in November 2012, terminated the 25-year concession given to Wale Babalakin’s Bi-Courtney Consortium for the construction and maintenance of the expressway.

    The highway was conceded to Bi-Courtney in 2009 at N89.53 billion for 25 years.

    The ex-Minister of Works, Mr. Mike Onolememen, said the concession agreement was revoked because Bi-Courtney failed to adhere to the terms.

    In June 2013, the Federal Government re-awarded the reconstruction of the expressway to Julius Berger Plc and RCC.

    In July 2013, President Goodluck Jonathan kicked off the reconstruction at a cost of N167 billion, with a completion timeline of 48 months.

    Investigation showed that Bi-Courtney Highway Services Limited, on January 25, 2013, wrote Oneolememen for arbitration.

    But three years after, the Federal Government is yet to take action on the matter.

    The Bi-Courtney’s letter, which was signed by Chief T.K. Akinbami, said: “We refer to the letter of November 19, 2012, wherein the concession granted to our consortium vide your letter of May 8, 2009, was purportedly terminated pursuant to Article 16.1 of the Concession Agreement (“Agreement”) for failure to remedy the alleged breaches complained of in your letter of August 28, 2012.

    “Please note that the consortium disputes the purported termination of the concession. We refer to our letter of September 26, 2012 (copy attached) wherein we responded seriatim to issues raised in your letter ofAugust 28, 2012, and demonstrated that the ministry’s purported notice of the non-compliance with the Agreement is premature and invalid. We also emphasised the need for the Grantor to comply with the Agreement before it alleges non-compliance by another party.

    “Notwithstanding, as committed patriots to the development of Nigeria, we continued with the project and recommended palliative works of August 5, 2012. Subsequently, we engaged a major construction company to commence actual reconstruction work on September 23, 2012, and the company was active on site, until our receipt of the letter purportedly terminating the Concession.

    “We believe that a dispute has arisen which should have been resolved in accordance with the dispute resolution mechanism under Article 21 of the Agreement prior to the invocation of any termination clause. In the circumstance, we demand that the Dispute Resolution Board  (“the board”) be set up, to determine the propriety or otherwise of your action under the Agreement. We hereby appoint the underlisted as our nominees to the Board.

    1. Mr. Justice G.A. Oguntade, retired Justice of the Supreme Court of Nigeria
    2. Prince Adesupo Adetona; retired senior partner of Deloitte
    3. Mr. B.G Giwa; former acting director Federal Highways

    “Kindly appoint your nominees to the Board within 14 days of your receipt of this letter. As you are aware, this should have been done earlier in the transaction.

    “For the avoidance of doubt, we reiterate that your purported termination of the Concession is, according to law, invalid and should be discountenanced by relevant parties.”

    A top source in government said: “The Minister of Works has stepped into the controversy or challenges associated with the rehabilitation of Lagos-Ibadan Expressway.

    “I am aware the government is revisiting all issues on the project, including the likelihood of concluding arbitration with Bi-Courtney.

    “Fashola’s agenda is to see that the project is fully back to life and completed on time.”

    Last week, the Minister of Works, Mr. Babatunde Fashola (SAN) admitted that the Federal Government was concerned about the lingering litigation on the Lagos-Ibadan Expressway.

    He said: “The Lagos-Ibadan Expressway is a story of what investors don’t like. The FGN granted a concession to a private company (Company A) and later withdrew and cancelled it. The FGN then entered into a construction and financing agreement with another company (Company B). Company A went to court and got an order to cancel the financing agreement with Company B.

    “As things stand, work has been stopped on the construction of the road. The construction companies cannot get financing because of the court order, so they have laid off about 2,000 workers, in an economy that has so much to do and needs to create work.

    “These two companies are Nigerian companies investing in Nigeria, which is a positive sign because the local investors are the most important to any economy.

    “Regrettably, while not going into the merits and demerits of the FGN’s cancellation of Company A’s “concession”, it sends a not-welcoming message to foreign investors if the decision was without basis or influenced by politics, which I cannot comment upon.

    “If that was the case, as a foreign investor, I will be asking myself the kind of treatment that awaits me as a foreigner if the government does that to a citizen. But that is only one half of the story.”

  • Bi-Courtney: we did’nt stall Lagos-Ibadan Expressway project

    Bi-Courtney: we did’nt stall Lagos-Ibadan Expressway project

    Bi-Courtney Highways Services has denied stalling the rehabilitation of the Lagos-Ibadan Expressway.

    It said the contractors stopped work on the project as a result of non-payment by the government.

    A statement by Bi-Courtney reads: “It is noteworthy that Bi-Courtney commenced court action in 2012 to redress the impunity of the Federal Government’s purported termination of the Lagos-Ibadan Expressway Project. How could a court action which was instituted long before the unlawful concession of the road be responsible for stalling the road in 2016? Any trained mind must question how a concession could have been granted when there was a subsisting court action? It was only possible under a government that had no regard for the rule of law and was guided by a peculiar desire to run this country aground. The idiosyncratic disposition of the Jonathan government towards anarchy is legendary and must not be replicated again in the history of Nigeria.

    “The purported concession granted to Motorways Limited through the Infrastructure Bank did not go through any due process. It was never advertised in newspapers in Nigeria. The Infrastructure Concession Regulatory Commission Act expressly provides that concessions in Nigeria must be advertised in two national newspapers. Furthermore, the Infrastructure Concession and Regulatory Commission (ICRC) must issue a no-objection approval before the concession is taken to the Federal Executive Council for approval. None of these elementary steps were taken. Yet, as stated earlier, the Jonathan government purported to have granted a concession to the company. In any civilised part of the world, the participants in this mockery would have been seriously sanctioned if not appropriately prosecuted. It is thus not surprising that the Federal High Court,  in setting aside the contraption called  concession, said the exercise violated the principles of law and justice.”

    The company added: “The ICRC, which is the regulatory  agency for concessions, issued a statement that Bi-Courtney was not responsible for the termination of the concession.  It must be noted that ICRC, in a widely publicised press statement, disowned the purported concession to Motorways Limited. It is clear that this concession is simply a mirage.”

     

     

  • Bi-Courtney partners firm cargo agents training

    Bi-Courtney partners firm cargo agents training

    IN Keeping with its policy of regular training and re-training of its workforce, Bi-Courtney Aviation Services Limited (BASL), operator of the Murtala Muhammed Airport Two (MMA2), Lagos, has held a workshop for cargo agents in the terminal’s domestic cargo shed.

    The workshop was organised in collaboration with Greater Washington Limited (GWL), the concessionaire in charge of cargo operations.

    The workshop, which is an annual exercise, focused on the modalities for identifying, classifying and handling dangerous and prohibited items.The objective is to ensure that activities in the facility are constantly at par with global best practices, especially in the area of safety and security.

    Aviation and cargo safety experts from Nigerian Civil Aviation Agency (NCAA), led by Cargo Safety Inspector, Mr. Augustine Eboigbe, facilitated the workshop.

    Other instructors included: Aviation Safety Inspector, Ground Operations, Mrs. Stella Patrick-Okpara and Aviation Safety Inspector, Mr. Yusuf Chanchangi.

    On the exercise, Head, Cargo Section, BASL, Mr. Ayodeji Akinremi, said it was to create continuous awareness among agents and other actors in the cargo section on how they can effectively identify, handle and classify dangerous goods.

    He said the exercise did not take anything away from the measures in place at the cargo shed to ensure strict compliance with security and safety standards.

    He said: “No doubt we have put various checks and security measures in place. These include the presence of  men of the State Security Services (SSS), the Nigeria Police Bomb Squad, Aviation Security (AVESC) personnel of the Federal Airports Authority of Nigeria, Airlines’ security officials, Nigerian Customs Service, the military, Nigeria Drug Law and Enforcement Agency (NDLEA), among others”

    “In addition, we have a dedicated cargo screening machine that is able to identify and analyse the content of every cargo,” he said.

    He emphasised the company’s policy of zero tolerance for touting in every part of the terminal, while stressing the fact that “there are strict rules guiding our operations at the cargo section”.

    “There is nothing like touting because all the operators are known to us and are duly registered. As such, it is absolutely impossible for any unruly behaviour or sharp practices to take place” .

    Other officials of the two companies that witnessed the exercise include, BASL’s Head, Aeronautical Services, Mr. Raphael Uchegbu, Head, Safety, Mr. Charles Aroguma and Head, Corporate Communications, Remi Ladigbolu and GWL’s Assitant General Manager, Corporate Services, Mr. Aghogban Bright and Manager MMA2 Cargo Shed, Mr. Bright Egbedia.

     

     

     

     

     

     

     

  • Bi-Courtney urges NCAA to restrict licences’ issuance

    Chief Executive Officer, Bi-Courtney Aviation Services Limited (BASL), Mr Christophe Pennick,  has urged the Nigeria Civil Aviation Authority (NCAA)  to limit the number of Air Operator Certificates  (AOC) it issues to operators in the domestic airlines’ sector.

    He said the designation of many domestic carriers on few routes by the NCAA has led to a glut in the market, thereby bringing about unprofitable carriers, adding that the aviation regulatory body should allow domestic carriers consolidate rather than proliferate in the country.

    He said the government must take urgent steps through market protection policies to save domestic carriers.

    He said while the government grants licences to many domestic airlines that meet stipulated criteria under the NCAA civil aviation regulation, the Ghanaian government only licences not more than three airlines to save the sector and make the carriers profitable.

    He said: “The NCAA should check the way it issues AOC to airlines.There are too many airlines in Nigeria which market share is just too small. Many of the carriers are doing the usual triangular routes of Lagos-Abuja-Port-Harcourt. The proliferation of these airlines has eroded the gains of the airlines.

    “I hear the Federal Government is planning for a new national carrier; I would encourage the government to exercise caution because all over the world airlines are consolidating. China, with a population of over one billion people, has four major airlines, so if the Federal Government is bringing in or floating a new airline, how will the other airlines survive?”

    Pennick said the government must focus its attention on bringing in the few strong, profitable, affordable and safe airlines, rather than adding more.

    He said apart from one carrier, Nigeria’s biggest domestic airlines, the country does not have any large, strong airline, adding that most of the country’s airlines are weak, underfunded and under-capitalised.

    As a condition, he said the government could equally put up a process that would allow the foreign carriers to partner with domestic airlines by way of code-share arrangement between them to fly their passengers to other destinations beyond the (foreign airlines’) points of entry.

    He said it is one of the quickest ways the domestic carriers can thrive and become more competitive, expressing dismay at how Nigeria’s traffic rights are being given away freely to foreign carriers.

    Foreign airlines once had code-share partnership with many Nigerian carriers but their lack of schedule integrity has adversely affected the partnership.

    The most recent code-share partnership was between Emirates and Arik. The pact was signed last year but it remains to be seen whether the agreement still subsist because of the latter’s uncertain operations to Dubai.

     

    He however decried the clamour for a national airline, saying that the idea was no longer fashionable, adding that the three strong national airlines in Africa – Kenya Airways, South African Airways with the exception of Ethiopian Airways, are not doing well.

  • NCAT lauds Bi-Courtney’s training

    NCAT lauds Bi-Courtney’s training

    The management of the Nigerian College of Aviation Technology (NCAT), Zaria, Kaduna State, has commended Bi-Courtney Aviation Services Limited (BASL), operator of the Murtala Muhammed Airport Two (MMA2), Lagos, for its  contribution to human capital development in the aviation sector.

    This commendation followed the full sponsorship of four instructors in the institution to a one-week course in ‘Airport Route Development and Commercial Management’, organised by the International Air Transport Association (IATA), in Lagos, in May this year.

    In a ‘letter of appreciation’ signed by the institution’s Head of Aviation Management, Engr. E. O. Onwuka, on behalf of the Rector, Captain Sam Akinyele Caulcrick, NCAT lauded the strategic training initiative being promoted by BASL, promising to strengthen its collaboration with the company widely renowned for its pioneering efforts in the aviation industry.

    The letter stated: “With great sense of responsibility, the Rector/Chief Executive and entire management of the Nigerian College of Aviation Technology (NCAT) wish to express our deepest gratitude and thanks to Bi-Courtney Aviation Services Limited (BASL) for your magnanimity in providing full sponsorship to four NCAT Instructors in the Airport Route Development and Commercial Management Course organised by IATA, which your company hosted. I wish to assure the Managing Director that NCAT, as a Centre of Excellence, is prepared and willing to strengthen the strategic partnership training initiative with Bi-Courtney Aviation Services Limited especially in human capacity development requirements of the Aviation industry.”

  • 23-year old wins Bi-Courtney’s online competition

    A 23-year old undergraduate, Miss Gbemi Shotade, has won an online competition, MMA2KIARACE, which  closed in Lagos at the weekend with an impressive ceremony at the Murtala Muhammed Airport Two (MMA2).

    The instagram-driven competition was sponsored by Bi-Courtney Aviation Services Limited, operator of MMA2 and co-sponsored by Kia Motors. Supporting brands include, Pepsi, Levi’s, Microsoft, T.M. Lewin, Swatch, DANA AIR, KFC and Le Meridien.

    Over 2,000 people from different parts of the country and overseas took part in the month-long competition, which kicked-off on May 7. The top 20 participants took part in the grand finale.

    Some of the other 300 participants, who won gifts at various stages of the competition, were present to redeem their gifts.

    The finalists competed in four tasks, including aptitude test and a lucky draw and Shotade, a 200 level student of Business Administration at the University of Lagos emerged winner of the Kia Rio grand prize.

    The first and second runners-up won a getaway weekend for two in an Executive Suite and an Executive Double Room respectively at the Le Meridien Ibom Hotel, Uyo, Akwa-Ibom State, with free return tickets courtesy DANA AIR.

    The third and fourth runners-up won Pepsi-branded fridges. The final 10 contestants also won a Nokia Lumia phone each, courtesy of Microsoft.

    The presentation of the grand prize was done by the Chief Executive Officer of BASL, Mr. Christophe Penninck, assisted by the Chief Operating Officer, Ms. Adebisi Awoniyi, Head of Marketing, Kia Motors, Mr. Olawale Jimoh and DANA’s brand ambassador, Mr. Bright Okpocha (aka Basket mouth).