Airline Operators of Nigeria (AON) has raised the alarm of alleged plans by the Minister of Aviation, Hadi Sirika, to disobey a court order restraining the commencement of operations of Nigeria Air.
The group in a letter dated 24th May 2023 addressed to President Muhammadu Buhari, said the minister is planning to procure some aircraft for the Nigeria Air in contravention of court order not to do so until issues about the establishment process are cleared.
Join our WhatsApp ChannelWriting through its legal counsel, AON urged President Buhari not to allow the action of the minister to “rubbish the achievement of this administration” that will come to an end in a few days.
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The Aviation Minister in an interview with Channels Tv on Wednesday, disclosed that an aircraft for Nigeria Air will arrive in the country on Friday ahead of the commencement of operations.
He said the plane will be unveiled in Nigeria’s colours in fulfillment of all the promises made by the administration in the aviation sector.
Sirika had at an aviation stakeholder’s forum in Abuja in March said that Nigeria Air will begin full operations before the end of President Buhari’s administration.
The Airline Operators of Nigeria had questioned the procedure being adopted in the establishment of Nigeria Air, which according to them did not carry stakeholders in the sector and Nigerians along, adding that the company that served as Transaction Adviser for the transaction was incorporated in March 2021 and was linked to the aviation minister.
They further alleged that ATL issued to Nigerian Air did not pass through the normal security clearance.
The local airlines filed a suit at the Federal High Court sitting in Lagos seeking an order to prevent the federal government and all parties to the Nigeria Air project from going on with it until issues around it are cleared.
Ruling on the Suit No. FHC/L/CS/2159/2022 Hon. Justice A.L Allagoa, of the Federal High Court sitting in Lagos, granted three separate Court Orders of Injunctions, restraining the taking of any step in relation to the Nigeria Air project.
AON sought orders against Nigeria Air (the defendant), directing the immediate, fresh, and transparent bidding processes involving the plaintiffs to participate in the process; directing the immediate revocation and cancellation of the Air Transport License (ATL) issued by the Nigerian Civil Aviation Authority (NCAA) to the first defendant and an order of N2 billion as damages for the injury suffered by the plaintiffs, because of the “wrongful exclusion of the plaintiffs, wrongful action; unlawful bidding and selection processes and their wrongful projection of the Plaintiffs as not having properly, rightly, and timely bid the Nigeria Air project.”
In the Wednesday letter to President Buhari, AON said that despite the court order to discontinue the project until the issues raised were cleared, the Minister is going ahead with procuring aircraft as he announced in the interview.
Part of the letter read: “As your Excellency is well aware, the administration will hand over on Monday, May 29, 2023, but the Honourable Minister of Aviation, Sen. Hadi Sirika, is planning to circumvent the Court Orders on Friday 26th May 2023 being the last working day of this administration and possibly to cover up the various infractions of Nigerian laws, amongst others. This was disclosed in the interview granted yesterday by the Hon. Minister to Channels Television and the same has gone viral on social media.
“The Minister is planning to hurriedly bring in two aircraft and pretend that Nigeria Air has commenced operation. Aside moral justification for commercial operation, the Minister’s last day in office, it is a clever way to violate the court orders.
“This action has no regard to whether or not it will stain the record of this administration, whether or not it will cover for corrupt actions raised in the suit and deliberately meant to violate Court Orders for self-serving purposes.”
The group urged President Buhari to stop the minister’s action and ensure compliance with the court order to “avoid needless controversies” after the administration would have ended.
“We, therefore, employ your Excellency to STOP this action of the Minister of Aviation, ensure compliance with the terms of the Order and avoid needless controversies on the action after your Excellency’s administration would have expired.
“Notwithstanding, our client will still pursue contempt action against the Minister personally whether or not he left office, for the promotion of the rule of law, protection of the integrity of the court and in line with international best practices,” the group stated.
Victor Ezeja is a passionate journalist with six years of experience writing on economy, politics and energy. He holds a Masters degree in Mass Communication.
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