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Court grants airlines interim injunction to halt Nigeria Air project
Some airline operators have made good their threat to halt, albeit temporarily until all matters relating to the setup of Nigeria Air are resolved. They had approached the court to halt the project.
After hearing the submission of their Nureini Jimoh (SAN), the court after careful consideration of the application and submission of counsel, the court ordered an injunction, restraining the defendants, either by themselves, agents, privies, principals, or any other persons whosoever from executing the proposed, or draft national carrier establishment and an agreement by the Federal Government of Nigeria.
In a suit filed at the Federal High Court, Lagos by Azman Airlines, Air Peace, Max Air, United Nigeria Airlines and Top Brass Aviation which are the plaintiffs sort perpetual injunction restraining the defendants (Nigeria Air, Ethiopian Airlines, Aviation Minister, Hadi Sirika, Attorney General of the Federation) their agents, servants, officers, privies, and principals from perfecting, continuing and transferring the operations of Nigeria Air by the 3rd and 4th Defendants to the 2nd Defendant.
In a suit filed by their counsel, Nureini Jimoh (SAN), the plaintiffs declared that the action, conduct, and or decisions in the sale of the shares and operations of the 1st Defendant (Nigeria Air) is in violation of the Companies and Allied Matters Act (CAMA) 2020, SEC Nigeria Consolidated Rules & Regulations 2013 (as amended in 2022), Nigerian Investment Promotion Commission (NIPC) Act, International Civil Aviation Organization (ICAO) Convention, Civil Aviation Act, Public Procurement Act, Concession Regulatory Commission (Est.) Act, 2005, Federal Competition and Consumer Protection Act, Procurement Processes for Public Private Partnership in the Federal Government under the National Policy on Public Private Partnership (N4P) and Nigeria Civil Aviation Regulations, 2015, and other regulatory statutes on aviation, companies, and investment laws in Nigeria.
They also declared that the entire administrative actions and decisions of the 3rd (Sirika) and 4th Defendants (Attorney General of the Federation) in the sale of the shares of the 1st Defendant to the 2nd Defendant and its consortium is invalid, void, and of no effect.
They equally declared that the 2nd Defendant (Ethiopian Airlines) was incompetent to bid for shares in the 1st Defendant and commence business accordingly.
The plaintiff prayed the court to set aside the entire bidding/selection process(es) for the “Nigeria Air” project as well as the approval, grant, or selection of the 2nd defendant by the 1st, 3rd, and 4th Defendants in the process.
Other prayers are for the immediate, fresh, and transparent bidding process(es) involving the plaintiffs being the indigenous Airline Operators in Nigeria rightly entitled to participate in the process, an order directing the immediate revocation and cancellation of the Air Transport License (ATL) issued by the Nigerian Civil Aviation Authority (NCAA) to the 1st Defendant.
They equally sought an order of N2,000,000,000.00 (Two Billion Naira, only) as damages for the injury suffered by the Plaintiffs and still suffering as a result of the wrongful exclusion of the Plaintiffs, wrongful action; unlawful bidding and selection processes and their wrongful projection of the Plaintiffs as not having properly, rightly and timely bid for the Nigeria Air project.
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