Controversy has continued to trail the recent extension of the Air Operator’s Certificate (AOC) of the yet-to-take-off airline, Nigerian Eagle (NG), by the Nigeria Civil Aviation Authority (NCAA).
Director-General, NCAA, Captain Musa Nuhu, has, however, said Nigerian Eagle, like any other airline, will be granted approval to start operations when it complies with all regulatory requirements.
The airline, which was initially issued its AOC on September 21, 2021 as a scheduled operator by the NCAA, is yet to commence flight services following the failure of the promoters of the airline to secure six engines for its three Boeing 737 aircraft.
The AOC, which is renewable every two years and had elapsed on September 20, 2023, was extended by the NCAA.
While some key players described the extension as in order, others have accused the regulatory body of contravening the Part 9 of the Nigeria Civil Aviation Regulations (NCAR) Act 2022 on Air Operator Certificate and Administration to startup or existing airlines.
The opponents of the AOC’s extension queried why the NCAA should grant six months extension to NG Eagle, which was yet to commence operations two years after being granted the certificate to start flight services.
The opponents insisted that the NCAA does not give such privilege to existing airlines and wondered why such should be granted to an airline that is yet to commence operations two years after being issued the operating certificate.
A new airline is expected to acquire its AOC within 90 days after the demonstration flight (fourth phase), while failure to get the certificate within the period would lead to another demonstration flight by the startup airline.
One of those opposed to the extension said, “It is a very negative thing for NCAA to have given the approval for an extension. Industry experts are a bit worried as to how the NCAA gave the AOC to the airline after delaying for more than eight months. Understand this, you will do a demo flight and after the demo flight, maximum of 90 days, you must have your AOC. If you don’t have your AOC within the 90 days period, you must do another demo flight, which is very simple.
“It shows the NCAA is telling you that you have demonstrated, and you can fly to A, B and C airports. And then, you didn’t operate for more than eight months and you go ahead to give them an AOC after almost a year after the first demo flight.
“Then, a year and eight months later, you are still extending their AOC with additional six months. You are now telling the world that these people that have demonstrated to you close to 20 months ago still have the capability to operate in the next six months without demonstrating to you again. This is unheard of. Those that have flown, they don’t give them that leeway. If you are down with one aircraft, the NCAA will downgrade you and now this is a bit worrisome.”
Describing the AOC extension as in order, the Director, Research, Zenith Travels Ltd, Mr Olumide Ohunayo, said gross interference from some quarters led to the delay of the issuance of the AOC to the airline by NCAA about two years ago, hence, the distraction may have derailed the plans of the promoters of the airline.
Odunayo said, “The idea of stopping the issuance of the AOC the last time was not good; it was a wicked act and we have spit ourselves in the face now. That airline should have been allowed to complete the process irrespective of the litigation that was going to come up later. It was to yield more revenues to the owners and it would be able to sell an airline with AOC and other things in place, but today, they destroyed that process out of envy and competition for the national carrier.
“Today, the airline is not operating and not in existence. I think what was done now with the AOC is to save it from losing value. Let’s see as it pans out; it is not late, but I doubt if that loses can be recovered. It is a sad thing about us here. I just hope the new investors can get their acts together and see how it can navigate not only the regulatory requirements, but also the impending legal issues that will arise from the owners of Arik and those who challenged it in the first place, which stopped it from being issued an AOC.”
For the Managing Director of Centurion Aviation Security, Group Captain John Ojikutu (retd.), since the NCAA lacked the statutory power to extend AOC validity, it could suspend or withdraw the certificate.
He queried the extension of the certificate, insisting that the regulatory body could only extend the Air Transport License (ATL) of an airline and not the AOC.
Recall that the Asset Management Corporation of Nigeria (AMCON) had in March 2022, claimed that it lost about $53.4 million in six months to non-issuance of AOC for it to commence flight services by NCAA.
AMCON was initially the promoter of the airline, but intrigues from some quarters, including the Ministry of Aviation and an industry union, compelled the corporation to sell its rights in the controversial airline, while NCAA delayed the issuance of the operating certificate to the airline as planned.
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