Suspension of AOC for Nigerian Eagle Airline sparks debates

The recent directives from the House of Representatives Committee on Aviation to the Nigerian Civil Aviation Authority, (NCAA) to stop the issuance of Air Operators’ Certificate, (AOC) to the Nigerian Eagle Airline being midwifed by the ASSET Management Company of Nigeria (AMCON has sparked debates from key players across the aviation sector.

The committee led by its chairman, Honourable Nnolim Nnaji had issued the directive in Abuja on Wednesday following a petition jointly addressed to it by the Association of Nigerian Aviation Professionals (ANAP) and the Federal Airports Authority of Nigeria (FAAN) branch of the National Union of Pensioners (NUP) to restrict the NCAA from issuing AOC to Nigeria Eagle Airline to avoid a repeat of what happened in the case of Bellview Airlines which transformed to First Nation Airways and the aviation agencies ended up losing billions of naira owed by the defunct Bellview Airlines.

AMCON according to the petitioners had acquired Arik Air properties and decided to change name to Nigeria Eagle Airline to evade payment of the monumental debts owed to all the aviation agencies by Arik Air.

They (Petitioners) further alleged that AMCON has changed the livery on Arik Air aircraft to Nigerian Eagle Airline which showed that it has fully acquired Arik Air assets but wanted to abdicate it’s liabilities through name change.

In the directive to the NCAA to suspend the AOC issuance, the Nnaji-led house committee said the position of the committee was meant to give room for it to investigate the alleged plan by AMCON to float the Nigerian Eagle Airline with Arik assets to ascertain the true situation and ensure that the aspect of the liabilities are duly resolved.

Honourable Nnaji in the directive had emphasized that: “If truly AMCON is taking over the assets of Arik Air and handing them over to another legal entity the aspect of liabilities must be addressed so that public funds are not lost.”

The committee’s directive to the NCAA has, however, received opposition across the sector with the different key players accusing the lawmakers of trying to usurp the function of the NCAA, the regulatory agency on such issues.

According to the former managing director of Aero Contractors airline, Captain Ado Sanusi, the pronouncement by the lawmakers was a sad development “as the award of

operating license is a process, which takes cognizance of safety and other critical factors and therefore should not be politicized.”

“The National Assembly cannot dictate to NCAA because the regulatory authority is carrying out a responsibility that is globally acknowledged and domiciled with the International Civil Aviation Organisation (ICAO). But, I have the confidence in the Director General of NCAA, Captain Musa Nuhu because he is experienced and has international exposure. The world is watching us and hoping we won’t take the wrong steps. If the National Assembly dictates who would be given AOC, then over time they will decide the pilots that will be given operating certificate. I am sure NCA will not allow it to happen.”

Speaking on the issue, the President Sabre Network, West Africa and President of Aviation Round Table Initiative (ASRTI), Elder Gbenga Olowo accused the lawmakers of interference saying: “This amounts to interloping. I don’t think it is the responsibility of the congress (National Assembly) to direct NCAA to issue or not to issue an AOC. It is established in ICAO regulation; that no matter how powerful the Ministry is, which is the political arm of government, it can only wield influence, but not to dictate to NCAA.”

The criteria to award AOC are under the purview of NCAA. That is the agency that has the right on who to issue license to. NCAA is recognized internationally as an institution to regulate civil aviation. The autonomy of NCAA is not negotiable. We will be killing NCAA if we allow such interferences over its activities.

For a former military commandant of the Murtala Muhammed Airport, Group Captain John Ojikutu, retired, the National Assembly cannot interfere on critical issue concerning the issuance of AOC, which follows strict regulation.

His words: “I am worried about the positions being taken by the legislators in affairs that are generally executive functions supported with legislations. We need to hear the legislators to tell us that the NCAA oversight functions on AOC and ground handling companies’ charges are beyond the authority’s responsibilities in the Nig CARs (Nigerian Civil Aviation Regulations), which was approved by the National Assembly in 2006 and reviewed in 2012.”

“The present NASS needs to direct their responsibilities towards legislative functions than to executive functions. Like someone said, they could make resolutions, which are not binding but given directives on the executive functions can create conflicts between them and executive.”

The excuse that Arik Air owed agencies as given by the petitioners to the lawmakers to stop the issuance of AOC to the new airline according to stakeholders was not tenable.

“What has that got to do with a new company coming on board because it used equipment repossessed from Arik that owes. Like to owe is even a crime, it is not, refusing that you owe is the matter. I have never read any article suggesting that Arik said they do not owe. There may be reconcilable issues , but not a claim of not owing.”

“NCAA did the right thing and is still doing the right thing by proceeding to level 4 with Nigerian Eagle airline, and will issue that certifiable. Who is not happy can go to court and only the court with evidence can then stop the airline.  Anything short of this is bullying based on half knowledge and half truth. Or simply put, pettiness. We should watch out for people with interest and using their positions perhaps in trying to push NCAA to offend private enterprises, get sued, mess up the CAA for the country just like that. The world we are quick to make reference to are also following how we do things.  We should not bring our best to positions and use ignorance or arrogance to bring them to shame.”

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