court bars NCAA from issuing licence to Nigeria Air

 Hopes of Nigerians witnessing the take off of a new national carrier, Nigeria Air, before the end of this administration remains a far cry.

This is because a Federal High Court sitting in Lagos has asked the Director General, Nigeria Civil Aviation Authority, NCAA, to halt issuance of Air Operator’s Certificate, AOC, to the proposed carrier.

It would be recalled that Air Peace, Azman, Max Air, United Nigeria Airlines, and Top Brass Aviation Limited had taken the Minister of Aviation, Hadi Sirika, Attorney General of the Federation, Nigeria Air, and Ethiopian Airlines to court to stop the airline from flying. 

According to a motion filed, the plaintiffs prayed the court for an order of interim injunction restraining the defendants, either by themselves, agents, privies, principals, or any other persons whatsoever from executing the proposed draft, “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 first defendant by the second defendant, pending the determination of the motion on notice.

Also, the Minister of Aviation, Hadi Sirika, had also expressed optimism that the new national carrier would commence operations before May 29 when the present government will exit the stage.

But, in an order of interim and interlocutory injunctions, Justice A.Lewis Allagoa restrained any step in relations to the Nigeria Air project.

This was contained in a letter dated April 19, 2023, notifying the NCAA of the restraining order by the plaintiff’s lawyer, Abubakar Nuhu Ahmed, of Nureini Jimoh (SAN) Chambers.

The letter read: “You are, therefore, notified to desist from dealing with the Minister/the Ministry of Aviation and/ or their agents, privies or representatives, pertaining the Air Operator Certificate, AOC, subject matter of the suit, to avoid consequences of disobedience of court orders”.

“As a law abiding regulatory agency, you are under the watchful eyes of the world and it is in your interest to desist from any further action on AOC process that will ridicule the integrity of the agency before the local media as well as the global aviation community.”