Air peace suit: court quashes Nigeria Air’s hope of flying
It is unlikely that Nigerians will witness the launch of a new national airline, Nigeria Air, before the end of this administration.
This occurred as a Federal High Court in Lagos requested the Director General of the Nigeria Civil Aviation Authority, NCAA, to halt the issuance of an Air Operator’s Certificate to Nigeria Air.
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Air Peace, Azman, Max Air, United Nigeria Airlines, and Top Brass Aviation Limited had sued the Minister of Aviation, Hadi Sirika, the Attorney General of the Federation, Nigeria Air, and Ethiopian Airlines to prevent the airline from flying.
According to a motion filed on November 10, 2023, the plaintiffs requested an order of interim injunction restraining the defendants from executing the proposed draught, “National Carrier’ establishment between the Federal Government of Nigeria and the strategic equity partner (second defendant) or giving effect to or suspending the sale and transfer of the share and operations of the second defendant.
In addition, the minister of aviation, Hadi Sirika, has expressed optimism that the new national carrier will begin operations before the current government leaves office on May 29.
In an order of interim and interlocutory injunctions, however, Justice A. Lewis Allagoa enjoined the suspension of all Nigeria Air project-related actions.
The plaintiff’s attorney Abubakar Nuhu Ahmed, Esq., notified the NCAA of the restraining order in a letter dated 19 April 2023. The letter was addressed to Nureini Jimoh (SAN) Chambers.
The letter reads: “You are hereby notified to cease all dealings with the Minister/Ministry of Aviation and/or their agents, privies, or representatives regarding the Air Operator Certificate (AOC), the subject of the lawsuit, in order to avoid the consequences of disobeying court orders.”
“As a law-abiding Regulatory Agency, you are under the scrutiny of the global community, and it is in your best interest to refrain from any further action on the AOC process that will ridicule the integrity of the Agency in the eyes of the local media and the Global Aviation Community.”
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