Airline operators laud judiciary for halting Nigeria Air sale

The Airline Operators of Nigeria (AON), on Tuesday, lauded the judiciary for upholding justice and nullifying the purported sale of Nigeria Air to Ethiopian Airlines.

The operators said this in a statement signed by its President, Dr Abdulmunaf Sarina, in Lagos.

It was reported that Justice Ambrose Lewis-Allagoa of the Federal High had on Monday, declared the sale of Nigeria Air to Ethiopian Airlines, as null and void.

Sarina commended the bold and patriotic declarations and orders made by the court.

“The bold and patriotic declarations and orders made by the court leaves no one in doubt that the entire bidding, approval and so called unveiling processes of the purported national carrier was nothing other than a sham set up to hoodwink Nigerians.

“It was also a surreptitious plan to kill Nigerian indigenous airlines and handover the commonwealth of Nigeria’s huge aviation market with over 85 Bilateral Air Services Agreements around the world to Ethiopian Airlines.

“We, therefore, thank the court for standing tall in the face of untold pressure from very high quarters.

“For exonerating AON and other well-meaning Nigerian indigenous airlines for going to court to protect the interest of Nigeria as well as proving truly to be the only hope of the common man,” he said.

Sarina also applauded President Bola Tinubu’s government through the Aviation Minister, Mr Festus Keyamo SAN, for suspending the Nigeria Air process as earlier planned.

It was also reported that Justice Lewis-Allagoa declared in the judgment that the action, conduct or decision in the sale of the shares and operations of Nigeria Air were in violation of the Companies and Allied Matters Act 2020.

Lewis-Allagoa also noted that the action was against the Securities and Exchange Commission Nigeria Consolidated Rules & Regulations 2013 (as amended in 2022).

He said the process was against the Nigerian Investment Promotion Commission Act, ICAQ Convention, Civil Aviation Act, Public Procurement Act, Concession Regulatory Commission (Est.) Act 2005, the Federal Competition and Consumer Protection Act.

He added that the action was contrary to the Procurement Processes for Public Private Partnership in the Federal Government under the National Policy on Public Private Partnership.

The court also held that the entire administrative actions and decisions in the sale of the shares of Nigeria Air to Ethiopian Airlines and its pseudo “consortium” was invalid, void and of no effect.

It added that Ethiopian Airlines was incompetent to bid for shares in Nigeria Air and commence business accordingly.

The court further gave an order setting aside the entire bidding/selection process(es) for the “Nigeria Air” project as well as the approval, grant or selection of Ethiopian Airlines by the former Minister of Aviation, Sen. Hadi Sirika, in the process.

The judgment ordered the immediate revocation and cancellation of the Air Transport License issued by the Nigerian Civil Aviation Authority to the Nigeria Air Ltd.

The court had also issued a perpetual injunction restraining the defendants, their agents, servants, officers, privies, and principals from perfecting, continuing and transferring the operations of Nigeria Air to Ethiopian Airlines.