The Minister of Aviation and Aerospace Development, Festus Keyamo alongside Acting Director General of NCAA, Capt. Chris Najomo have officially signed the updated Nigerian Civil Aviation Authority (NCAA) procedure for Recordation of Irrevocable Deregistration and Export Request Authorization (IDERA) and registration of Aircraft under IDERA to enhance compliance with international standards as well as Registration of Aircraft under IDERA.
While speaking at the signing exercise on Wednesday in his office, the Minister described the signing of the updated IDERA as a very important step in raising further the scores of Nigeria in the world of lessors and financiers.
According to him, IDERA is the administrative remedy by which NCAA can issued authorisation for the deregistration of aircraft on the request of the owner.
Keyamo explained that IDERA is an international requirement, and the Aviation Group and aircrafts operators across the world are waiting anxiously for Nigeria to sign the documents to ensure their aircrafts are safe within the Nigeria.
“We signed the practice direction guiding the court on how to interpret the Cape Town convention and the protocols
“We signed that because there was a judicial uncertainty before then as to how to treat cases that were brought before the court requiring it to intervene when there’s a dispute between the lessors and the leases, ” he said.
He recalled that in the past, there was always a problem on how to resolve dispute and the time frame within which such disputes are resolved, noting that the single uncertainty affected Nigeria’s rating in the international community, to extend of the country being blacklisted as – not a safe place for the lessors and financiers of aircraft to do business.
On his part, the Acting Director General of NCAA, Capt. Chris Najomo who commented the Minister for the feat, recalled that the Cape Town Convention and the associated Aircraft Protocol came into force in the United Kingdom in November 2015 through The International Interests in Aircraft Equipment (Cape Town Convention) Regulations 2015.
“As we aware by now, the aim of the Cape Town Convention is to reduce the cost of raising finance for large, high value mobile assets which routinely cross borders.
‘In relation to registration and operation of aircraft in Nigeria, the main impact of the Convention is the ability of the registered owner to request an Irrevocable De-Registration and Export Request Authorisation (“‘IDERA”) over an eligible aircraft.
“Once an IDERA is recorded the party that has been declared by the registered owner as the “authorised party” will be the only party with the right to de-register and export the aircraft.
“The smooth execution of this authorisation has been impeded by judicial pronouncements and unwilling leases. The current Honourable Minister of Aviation & Aerospace Development has taken the bull by the horn in ameliorating the consequences of this occurrence, and that is why we are gathered here today.
“Nigeria is a Contracting State to the Convention On International Interests In Mobile Equipment (the Convention) and the Protocol Thereto On Matters Specific To Aircraft Equipment (the Protocol), and had made a declaration pursuant to Article XXX(1) of the Protocol providing for the recordation and enforcement of IDERAs.”
He said that the Civil Aviation Act and the Nig. CARs made thereunder require NCAA to establish and maintain a Legal Interests in Aircraft Registry showing for each aircraft registered in Nigeria, proprietary rights, interests, liens and other dealings thereon.
“In line with the HM’s efforts, I am issuing an Advisory Circular: NCAA-AC-AWS001A dated 16th October, 2024 intended to provide information and guidance on the civil aviation regulatory requirements and procedures for recordation and cancelation of an IDERA and de-registration of aircraft and exporting aircraft, including aircraft objects located in Nigeria, for purposes of any export remedies.
“The goal of enabling our airlines have access to dry-lease aircraft to boost operational capacity will be eased as a result of today’s achievement,” he stated.
