Again, Bi-Courtney, FAAN, Arik at loggerhead over GAT

 

*Arik owes us not FAAN, says Bi-Courtney

 

A fresh crisis looms in the aviation industry over the true ownership of the domestic wing of the Murtala Muhammed Airport, Lagos, otherwise known as General Aviation Terminal (GAT)

 

 

 

 

This is coming as Bi-Courtney Aviation Services Limited, operator of the ultra- modern Murtala Muhammed Airport 2 (MMA2) today, claimed that the N12.5 B purportedly owed the Federal Airports Authority of Nigeria (FAAN) by Arik belongs to it.

 

Bi-Courtney based its argument on the fact that the GAT was ceded to it as part of the agreement to recoup its N35B airport terminal investment but which was allegedly violated by FAAN by collecting revenue from the terminal.

 

Spokesman for FAAN, Yakubu Dati had recently accused Bi-Courtney of its desperate bid to take over the GAT.

 

“Does the Ministry of Aviation and FAAN have the authority to cede government property to a third party or concessionaire, without the approval of the Federal Executive Council (FEC) which approved the initial concession in the first place?

 

Dati had stated that immediately after the agreement, Bi-Courtney organised a consortium of banks and got a loan facility to the tune of N38billion contrary to the terms of the agreement which pegged the cost at N3.9billion.

 

He stated that the firm then proceeded to build a different design that was not agreed nor approved by FAAN, adding that this was the genesis of Bi-Courtney’s predicament.

 

Chief Operating Officer of Bi-Courtney, Ms. Adebisi Awoniyi claimed that Arik Air’s alleged N12.5 billion indebtedness, actually belonged to the terminal operator.

 

Arik was penultimate week shut down by aviation unions acting for the Federal Airports Authority of Nigeria (FAAN) over the airline’s indebtedness.

 

Spokesman for Arik, Banji Ola said he would react to the allegations when he sees the statement from Bi-Courtney, adding that his airline does not operate from MMA2.

 

Awoniyi recalled that the National Union of Air Transport Employees (NAUTE), FAAN branch, had prevented Arik from carrying out its domestic operations at the General Aviation Terminal (GAT), Lagos and the Nnamdi Azikwe International Airport, Abuja, during the impasse.

 

“We want the public, particularly relevant stakeholders, to note that the country’s law recognises Bi-Courtney as the genuine owner of GAT, thus, making FAAN’s continuous operations of the terminal illegal and a clear violation of the laws of the Federal Republic of Nigeria”.

 

She alleged that FAAN however, continues to defy the laws of the land; adding that it has ‘openly and recklessly denied our company 60 per cent of its revenue by its continuous illegal operation of the GAT as a competing terminal to MMA2 even after an Arbitration Panel, a Court of Law and an Appeal Court had ruled in our favour.”

 

 

She noted that consequently, all  revenues, such as Passenger Processing Charge, space rental, fuel surcharge and others, which FAAN had been collecting and continues to collect from its unlawful operation of the GAT, including the N12.5 billion in contention between FAAN and Arik Air, belong to Bi-Courtney.

 

According to her, implication of this is that both FAAN and Arik Air are indeed fighting over monies that lawfully belong to Bi-Courtney Aviation Services Limited.

 

Her words, “We also wish to categorically confirm that all the airlines operating at the GAT are actively involved in FAAN’s act of illegality, because they are all aware of the position of the law in respect of the ownership of the terminal”.

 

Awoniyi disclised that it was, therefore, shocking to hear the Managing Director of Arik Air, Mr. Chris Ndulue, in an interview last week accuse FAAN of disregarding specific orders of the court and perpetrating acts of illegality against his company.

 

“We also find interesting the claim by Ndulue in an  interview that “Arik Air continues to have confidence in the court even if FAAN does not have confidence in the court. Arik Air remains committed to adhering to principles of the rule of law”.

 

She stated that if Ndulue’s claim was true, Arik Air would have conformed to the court judgment that affirmed Bi-Courtney’s ownership of the GAT, especially after the appeal filed on its behalf by Ojemaie Holdings against the judgment failed.

 

She noted that  there is a subsisting judgment of N132 billion in favour of Bi-Courtney, which FAAN has refused to honour due to its blatant disregard for the laws of Nigeria. This judgment was obtained in 2012. This amount four years on would have increased.”

 

Particular judgments confirming the owner of GAT as Bi-Courtney, she said include the 2009 ruling of Justice J. Chikere of the Abuja Federal High Court in Suit No. FHC/ABJ/CJ/50/2009.

 

The same judgment he reiterated was reaffirmed in a ruling on February 13, 2013 by Justice A.R. Mohammed of the same court in a suit filed by FAAN and the Ministry of Aviation, asking the court to declare that they were not bound by the ruling of Justice Chikere.

 

Justice Mohammed, in his ruling, had stated categorically that by suing the Attorney-General of the Federation, Bi-Courtney’s suit was binding on all agencies of the  goverbment.

 

Justice Mohammed also quoted aspects of Justice Chikere’s ruling, where it said: “The parties named in the relief 7 are agents/agencies of the Federal Government. They are agents/agencies of a named principal that is the Federal Government. Any order against the known principal binds the agents/agencies. The agents/agencies stationed and operating at all airports terminal in Lagos State could not have operated without the support or approval of the Federal Government. They are therefore restrained, prevented or prohibited from operating scheduled flights in and out of Lagos State from any airport terminal other than MMA2 or an airport terminal owned/operated by the plaintiff during the concession period as stipulated in the Agreement.”

 

Furthermore, worthy of a mention is the judgment by Justice G.K. Olotu of Federal High Court, Abuja Division, delivered on July 3, 2012, on the ownership of the GAT, in which the judge stated as follows: “In the case before the court, we have seen the gross, deliberate, calculated and heinous abuse of the rule of law, typified by the acts of the Federal Government of Nigeria, headed by the President, assisted by the Minister charged with responsibilities for aviation matters in disobeying the judgment of the court delivered on 3rd March, 2009, i.e. approximately three years and three months ago, to deliver the immediate possession of the GAT to the plaintiffs (Bi-Courtney) as ordered by the court.

 

“As if that is not enough, the Federal Government and its agencies are presently engaged in the ‘remodeling and, or, construction works to improve the terminal (GAT), contrary to and notwithstanding the agreement with the applicant and the judgment of the honourable court.”

 

Awoniyi disclosed that the GAT was declared an integral part of the MMA2 concession by the decision of the Federal High Court in 2009.

 

But noted that in a desperate move to prevent the handing over of the premises to Bi-Courtney Limited, four appeals were filed and lost by the following: Attorney- General of the Federation, Ojemaie Holdings (landlord to Arik Air), NUATE and ATSSAN (Trade Unions under the Ministry of Aviation) and FAAN.

 

“There is, therefore, no doubt on the current position of the law in respect to the ownership of the GAT, nor the fact that Bi-Courtney is the rightful owner of the N12.5b that is the subject of dispute between Arik Air and FAAN.

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