By Chidiebere Ugwu
The Airline Operators of Nigeria (AON) have praised the Nigerian judiciary for upholding justice in its recent judgment regarding the purported sale of Nigeria Air to Ethiopian Airlines.
The Federal High Court in Lagos declared that the actions and decisions in the sale of Nigeria Air shares violated various laws and regulations.
The court deemed the entire bidding and selection process invalid and ordered the revocation of Nigeria Air’s Air Transport License.
Reacting in a statement made available to newsmen in Abuja on Tuesday, AON President Alhaji Abdulmunaf Yunusa Sarina commended the court for standing firm against pressure from high quarters and exonerating AON.
He criticized the plan as an attempt to kill Nigerian airlines and hand over the aviation market to Ethiopian Airlines without investing in the Nigerian economy.
Sarina also praised the current Minister of Aviation, Mr. Festus Keyamo SAN, for suspending the Nigeria Air process and aligning with the truth for the sake of the country.
“The Airline Operators of Nigeria (AON) on Tuesday commended the Nigerian Judiciary for upholding justice and standing for what is right in its delivery of judgment on August 5, 2024 against the purported sale of the so called Nigeria Air to Ethiopian Airlines under the guise of setting up a National Carrier.
Justice A. Alagoa of the Federal High Court sitting in Lagos declared in the judgment that the action, conduct and or decisions in the sale of the shares and operations of the so called Nigeria Air were in violation of the Companies and Allied Matters Act (CAMA) 2020, SEC Nigeria Consolidated Rules & Regulations 2013 (as amended in 2022), Nigerian Investment Promotion Commission (NIPC) Act, International Civil Aviation Organization (ICAO) Convention, Civil Aviation Act, Public Procurement Act, Concession Regulatory Commission (Est.) Act, 2005, Federal Competition and Consumer Protection Act, Procurement Processes for Public Private Partnership in the Federal Government under the National Policy on Public Private Partnership (N4P) and Nigeria Civil Aviation Regulations, 2015 and other regulatory statutes on aviation, companies and investment laws in Nigeria.
“The Court also stood firm on the path of truth by declaring that the entire administrative actions and decisions in the sale of the shares of the so called Nigeria Air to Ethiopian Airlines and its pseudo “consortium” is invalid, void and of no effect; adding that Ethiopian Airlines was incompetent to bid for shares in Nigeria Air and commence business accordingly.
“To this end, the court therefore gave an Order setting aside the entire bidding/selection process(es) for the “Nigeria Air” project as well as the approval, grant or selection of Ethiopian Airlines by the former Minister of Aviation, Senator Hadi Sirika in the process.
“The court also gave an Order directing the immediate revocation and cancellation of the Air Transport License (ATL) issued by the Nigerian Civil Aviation Authority (NCAA) to Nigeria Air Limited; and issued a PERPETUAL INJUNCTION restraining the defendants, their agents, servants, officers, privies, and principals from perfecting, continuing and transferring the operations of Nigeria Air by the former Minister of Aviation, Senator Hadi Sirika and to Ethiopian Airlines” reads the statement in parts.
