Court Order: Don’t issue AOC to Nigeria Air, AON counsel tells NCAA

The Airline Operators of Nigeria (AON) has reminded the Nigerian Civil Aviation Authority (NCAA) of the pending injunction against the issuance of Air Operators’ Certificate (AOC) to Nigeria Air. The AON through its counsel, Nureni Jimoh, warned the regulatory authority to desist from further processing of the AOC to avoid running afoul of the law. […]

The Airline Operators of Nigeria (AON) has reminded the Nigerian Civil Aviation Authority (NCAA) of the pending injunction against the issuance of Air Operators’ Certificate (AOC) to Nigeria Air.

The AON through its counsel, Nureni Jimoh, warned the regulatory authority to desist from further processing of the AOC to avoid running afoul of the law.

It also asked the regulatory authority to stop dealing with the minister of aviation or the ministry and its agents.

Daily Trust reports that the incorporated trustees of AON comprising Azman Air, Air Peace, Max Air, United Nigeria and Top Brass Airlines had filed a suit at the court to stop the national carrier project, while challenging the shareholding structure giving Ethiopian Airlines a controlling share of 49 per cent.

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The court presided over by Justice A. Lewis-Allagoa in November 2022 granted an order of interim injunction stopping the execution of the project.

After “Careful consideration of the application and submission of counsel, the court granted an Order of interim injunction restraining the defendants either by themselves, agents, privies, principals or any other persons whosoever from the proposed executing or draft “National or carrier establishment and agreement between the Federal Government of Nigeria (represented by the 3rd and 4th defendants) and the strategic equity partner (the 2nd defendant) or giving effect to and or suspending the sale and transfer of the shares & operations of the 1st defendant by the 2nd defendant pending the determination of the motion on motice.”

The suit has, however stalled the take-off of the project.

But in a letter directed to the NCAA DG dated April 19, 2023, under a SUIT NO. FHC/L/CS/2159/20, with the title: Notification of court orders and signed by Abubákar Nuhu Ahmad Esq, the counsel reminded the regulatory of the pending order.

The letter read: “The Federal High Court sitting in Lagos presided by Hon. Justice A.L Allagoa, in the above suit, granted orders of interim and interlocutory injunctions, in the terms contained in the order, restraining taking of any step in relation to the Nigeria Air project. Copies of each of the orders enclosed as Annexures 1, 2 &3.”