Embattled new national carrier, Nigeria Air, and concerned parties are to know their fate on April 25 when the court resumes hearing.
The Federal High Court, Abuja, where the case was transferred to from Lagos, is to determine the propriety of the new jurisdiction.
The new date, however, may have sealed the fate of the airline and its take-off within the lifespan of the current administration that ends in May.
Local carriers, under the aegis of Airline Operators of Nigeria [AON], had approached the Federal High Court in Lagos, seeking interpretation of the law on the process of procuring services of Ethiopian Airlines for operation of the proposed Nigerian national carrier.
Last month, the airlines also challenged the defendants’ [Minister of Aviation, Ethiopian Airlines, others], decision to transfer the case to Federal High Court, Abuja.
Entertaining the objection brought by AON on the transfer order, Justice James Omotosho of the Abuja division of the Federal High Court fixed April 25 to rule on the matter.
In contesting the process of appointing Ethiopian Airlines for management of the proposed Nigeria Air, AON argued that the Ministry of Aviation ignored the legally mandatory stages of public procurement process as stipulated in the law establishing the Infrastructure Concession Regulatory Commission [ICRC].
According to AON, the law mandated advertisement of the appointment of an operator for the proposed airline in three national newspapers. It told the court that the Federal Government ignored the law by advertising only in two national newspapers and one foreign daily.
The plaintiff further argued that the law could be breached only in emergency situations, where the National Assembly could not convene to amend it, adding that there is no emergency in the process of appointing an operator for Nigeria Air to warrant a transgression of the law.
AON wondered why a matter that approaching conclusion at the Federal High Court in Lagos was suddenly transferred to the Federal Capital Territory [FCT].
It contended that there was no extraneous situation to warrant the transfer.
A temporary injunction was given in a suit marked FHC/L/CS/2159/2022 and filed by registered trustees of the Airline Operators in Nigeria [AON], Azman Air Services Limited, Air Peace Limited, Max Air Limited, United Nigeria Airline Company Limited, and Top brass Aviation Limited, the plaintiffs.
It said Justice A. Lewis-Allagoa who granted the order on Friday, November 12, 2022, ruled that an Order of Maintenance of Status Quo by all the parties in the suit restrained them from taking any further step[s] in relation to the subject matter of the suit pending when the determination of the Motion on Notice is granted.
About eight domestic airlines sued the FG to court, listing Nigerian Air, Ethiopian Airlines, Minister of Aviation, Hadi Sirika, and Attorney-General of the Federation, Abubakar Malami, as defendants.
Besides the aforementioned, the security, cost and economic sabotage that Ethiopian Airlines and other foreign airlines have subjected Nigerians to and still being perpetrated air fare fixing, many are wondering in whose interest is the Aviation Ministry, Minister of Aviation and the federal government is protecting.
By Our Reporter
Comments are closed.