Tunde Sholanke
The commencement of the national career,Nigeria Air is currently facing fresh hurdle on account of litigation
Specifically,Airline Operators of Nigeria (AON), Azman Air Services Limited, Air peace Limited, Max Air Limited, United Nigeria Airlines and TopBrass Aviation Limited have filed a suit challenging the propriety of the Nigeria Civil Aviation Authority (NCAA) issuing the Air Operator Certificate (AOC) to the Nigeria Air.
The plaintiffs, in a suit dated April 19, 2023 through their solicitor, Nureini Jimoh Chambers and addressed to the Director-General Civil Aviation, also warned the regulatory body from having anything to do with the Minister of Aviation or the Ministry of Aviation and other interested parties on the matter.
They informed the DGCA that the issue was already at the Federal High Court sitting in Lagos presided over by Hon. Justice A.L. Alagoa who granted Orders of interim and interlocutory injunctions, which restrained the parties involved from going ahead with the project.
The suit read: You are therefore notified to desist from dealing with the minister, the federal ministry of aviation and/or their agents, privies or representatives, pertaining the Air Operator Certificate (AOC), subject matter of the suit, to avoid consequences of disobedience of Court Orders.
“As a law abiding regulatory agency, you are under the watchful eyes of the world and it is in your interest to desist from any further action on the AOC process that will ridicule the integrity of the agency before the local media and as well as the global aviation community.”
The AON and other plaintiffs had on November 19, 2022 called on the court to look at the extant laws and interpret such to know if the processes following the planned rebirth of a new national carrier for the country were not in violation of the law of the Federal Republic of Nigeria.
Besides,the Federal Government and Ministry of Aviation in January this year, sought the transfer of the case from Lagos to the Federal High Court – Abuja Judicial Division.
An affidavit in support of motion on notice sworn to by Des-Bordes Felicia, the counsel to the defendants; Nigeria Air (1st defendant), Sen. Hadi Sirika (3rd defendant) and Attorney General of the Federation (4th defendant), argued that hearing of the suit in Lagos would add financial burden on the defendants.