A Federal High Court in Lagos on Tuesday granted an interim injunction to stop the establishment of the proposed national carrier by the Nigerian government.
TheCable reports that the interim order was granted in a case marked FHC/L/CS/2159/2022 and was filed by the registered trustees of the Airline Operators of Nigeria (AON), Azman Air Services Limited, Air Peace Limited, Max Air Limited, United Airline Operators. Nigeria Airline Company Limited, and Top brass Aviation Limited, plaintiffs.
He said that a Status Quo Order issued by Justice A. Lewis-Allagoa on Friday, November 12, 2022, restrained all parties involved in the case from taking further steps. the subject of the lawsuit, when the decision on the notification is given.
About eight domestic airlines sued the FG in court, listing Nigerian Air. Ethiopian AirlinesMinister of Aviation Hadi Sirika and Attorney General of the Federation Abubakar Malami as defendants.
Among other prayers, the airlines want the court to stop the national carrier deal and revoke the Air Transport License already granted to Nigeria Air by the Federal Government and the Nigerian Civil Aviation Authority.
In the initial summons of the lawsuit, the plaintiffs asked five questions for the court to decide, one of which is to determine: “1. whether or not the whole process of selling and transferring the defendant’s shares to the 2nd defendant and its consortium. Respondents 3 and 4 comply with the provisions of the Infrastructure Concession Regulatory Commission (Est.) Act, Competition and Consumer Protection Act 2005, International Civil Aviation Organization (ICAO) Convention, National Policy on Public Private Partnership (N4P). , Sections 76-81 of the Competition and Consumer Protection Act, and does not affect the entire process including the selection, approval or grant made by the 3rd and 4th defendants to the 2nd defendant and its consortium. to the new bidding exercise?”
The plaintiffs therefore prayed the judge to declare that “1. to declare that all the shares of the 1st defendant and its consortium in the sale of the defendant’s shares 3rd and 4th administrative shares sold to the 2nd defendant and his consortium are null, void and of no effect”. .
The Plaintiffs also sought “… a declaration that the 2nd Defendant was not competent to tender the shares of the 1st Defendant and commence business accordingly.
The entire bidding/selection process(es) for the “Nigeria Air” project and an order setting aside the acceptance, award or selection of the 2nd defendant by the 1st, 3rd and 4th defendants in the process.
“An order directing an immediate, fresh and transparent tendering process in which the plaintiffs have the right to participate in the process of indigenous Nigerian Airline operators.
“An order directing the immediate cancellation and revocation of the air transport license (ATL) issued to the 1st respondent by the Nigerian Civil Aviation Authority (NCAA).”
National Carrier
Nigeria Air is the nation’s national carrier which was launched on July 18, 2018 at the Farnborough Air Show in England.
The project was shelved two months after it was announced after critics raised concerns about its relevance and sustainability. The proposed airline was expected to swallow $8.8 million in upfront cost and $300 million in take-off costs.
The idea of a national carrier was mooted many years after Nigeria’s defunct carrier, Nigeria Airways, collapsed due to corruption and mismanagement.
Last July, the Federal Executive Council approved the lease of three aircraft for the airline to resume operations.
ALSO READ: Ethiopian Airlines forms major investor in Nigeria Air with 49% stake
In September, Aviation Minister Hadi Sirika told a press conference in Abuja that Ethiopian Airlines had emerged as the main investor in Air Nigeria with a 49 percent stake.
“After a careful, thorough and detailed selection process led by the ICRC, the Ethiopian Airlines (ET) Consortium has been selected as the preferred bidder, offering a consortium of 3 Nigerian investors MRS, SAHCO and the Nigerian Sovereign Wealth Fund (46%), owned by FGN. 5 and ET 49 percent,” Mr. Sirika said.
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