As FG/domestic airlines slug it out in court today over Nigeria

NIGERIA’S aviation sector was last week enmeshed in another controversy following the decision of Nigerian airlines to drag the Federal Government to court to demand the stoppage of the proposed Nigeria Air/Ethiopian Airlines partnership.

The airlines, led by their umbrella body, Airline Operators of Nigeria (AON), include Azman Airlines, Air Peace, Max Air, United Nigeria Airlines and Top Brass Aviation.

In a suit filed at the Federal High Court, Lagos, the airlines had approached the court for a perpetual injunction restraining the defendants, Nigeria Air, Ethiopian Airlines, Aviation Minister, Hadi Sirika, Attorney General of the Federation their agents, servants, officers, privies, and principals from perfecting, continuing and transferring the operations of Nigeria Air by the 3rd and 4th defendants to the 2nd defendant.

After hearing the submission of the airlines made by Nureini Jimoh and after a careful consideration of the application and submission, the court ordered an injunction restraining the defendants, either by themselves, agents, privies, principals, or any other persons whosoever from executing the proposed, or draft national carrier establishment and an agreement by the Federal Government of Nigeria.

In other words, pending the full determination of the case, the hitherto December date for the take off of the much publicised airline is in limbo as against all the efforts put in by the interim management engaged to help midwife it with the heavy public funds sunk into the project.

While the news about the litigation came as a surprise to some stakeholders, many others saw it coming in view of the various loopholes the different key players including the airlines, the unions and professionals had identified in the project.

It is no longer news how different voices had at different fora criticised the style adopted by the Minister of Aviation in establishing the new national or flag carrier, which they argued lacked transparency and due diligence.

The height of the confusion was the disappointment recorded after the Minister unveiled the livery/logo of the new airline at the 2018 Farnborough Air Show in London with millions of foreign currencies spent as the proposed plan ran into murky waters.

Again, when the news filtered in that the Minister had again resumed the plans to float the new airline, majority of key players and Nigerians expected him to have put into consideration the barrage of complaints from the public as a way of reviewing the strategy which he ignored as he continued with the project forgetting the proposed airline belongs to all Nigerians. At some point, the Minister kept all the required information in secrecy.

However, in a ‘fire brigade’ approach, the only time the Minister felt he should say something to Nigerians was when he announced Ethiopian Airlines as the technical partner in the Nigeria Air project.

The terms of the agreement on the Nigeria Air/Ethiopian Airlines deal, rather than bring relief to Nigerians particularly the aviation sector, only aggravated the fears by most stakeholders particularly the domestic airlines on the premise that the choice of ET, an airline already operating many frequencies with many entry points into Nigeria, would greatly be at the detriment of the indigenous carriers.

Besides the position of the local airlines, other key players punctured the choice of ET as a single largest shareholder in the new airline and the 46 per cent shares given to SAHCO where coincidentally 60 per cent ownership belongs to foreigners.

As the domestic airlines continued to kick against the composition and undue advantage the ET/Nigeria Air partnership would have over them, other stakeholders have argued that there was nothing Nigerian about the new airline which they said may be used against the country in the future.

As expected, while all these agitations were flying everywhere, the Minister of Aviation, as the representative of the government, rather than give a listening ear to all sides with a view to looking into the knotty issues raised, chose to apply the flocci non  facio attitude synonymous with public office holders as if the project concerned was not for Nigerians.

If the Minister had been more humble in his zeal to bring the new airline project into fruition, all this confusion which has further portrayed the country in a bad light before the world, would have been avoided.

Sadly, despite the huge funds the airline project has caused Nigeria, more public funds would be going down the drain as information reaching Crucial Moment revealed that the Federal Government has assembled a legal team to challenge the suit filed by domestic airlines in court today.

As expected, the legal team of the government, who would be slugging it out with representatives of the domestic airlines in court, would gulp huge amounts at the expense of the generality of Nigerians.

It is very sad that the Minister had to expose the country to this ridicule all in the name of floating a new airline which smaller countries around the world are achieving seamlessly.