Appeal panel upholds NCAA’s N33.5m sanctions on First Nation Airline

A five-man appeal panel has upheld and reaffirmed the civil sanctions imposed on First Nation Airways and one of its pilots by the Nigerian Civil Aviation Authority (NCAA).

Violations were detected during a ramp inspection on the airline’s aircraft, Airbus A319 with registration mark 5N-FNE, on November 8, 2016, at the Nnamdi Azikiwe International Airport (NAIA), Abuja.

After the exercise, it was discovered that the pilot-in-command (PIC) was not in possession of a current medical certificate while the airline similarly rostered the pilot to carry out operational flights when obviously his medical certificate had expired.

Consequently, in accordance with IS 1.3.3. (1)(14) of the (Nig.CARs)2015,the airline and pilot were fined N32 million and N1.5 million respectively being moderate civil penalty for the violation.

The airline management had appealed against the sanction which made the regulatory authority in its quest to be fair to all, constitute an appeal committee to hear the airline’s appeal.

The report just submitted by the panel to the Regulatory Authority at the conclusion of the sitting has upheld and reaffirmed the sanctions.

According to the General Manager, Public Affairs, NCAA, Sam Adurogboye, “Therefore, the airline and the pilot violated Parts 8.4.1.5(a), 8.14.1.2(1), 8.14.9.4(a) (1) and 8.2.1.8(a) (24) of the Nigeria Civil Aviation Regulations (Nig.CARs) 2015.

“Consequently, in accordance with IS 1.3.3. (1)(14) of the Nig.CARs, 2015, the airline and pilot were fined N32 million and N1.5 million being moderate civil penalty for the violation.”

The five-man appeal panel had three airline operators, a private legal luminary and NCAA officials as observers. First Nation Airways was represented by four lawyers, the pilot and three management staff.

After four days of sitting, submissions and deliberations, the panel upheld and reiterated the applicable sanctions meted out to the airline and its pilot.

The panel according to Adurogboye arrived at the following conclusion in agreement with the NCAA findings prelude to the application of sanctions.

“The ATRL 1874 License of the pilot-in-command of First Nation Airways had expired on the 2nd November, 2016. The PIC was not in possession of the License during the Ramp inspection on the 8th November, 2016.  The PIC did not have a valid License and was not properly certified from 2nd – 8th November, 2016. The PIC operated 15 flights and the airline rostered the PIC 16 times,” the panel stated.