NAMA, FAAN, NCAA lack legal framework to impose $300 helicopter fees, says AON

In what may be termed rather a late reaction to the imposition of $300 helicopter take-off and landing fees, the Airline Operators of Nigeria (AON) has rejected the new directive, saying that apart from the fact that it lacked a legal framework, they are of the view that the Nigerian Airspace Management Agency (NAMA) does not provide any additional service to helicopter operators to justify the imposition of the fee at all helipads, oil rig platforms in Nigeria.

The Minister of Aviation and Aerospace Development, Mr. Festus Keyamo had since called for the suspension of the new levy, setting up a committee to look at the appropriateness or otherwise of the new levy payment by helicopter operators.

The umbrella body for scheduled airlines in Nigeria reiterated that the approval and imposition of the Helicopter Landing and Take-off Fee at private helipads, and oil rig platforms when no service is provided at those locations to the helicopter operators by NAMA is contrary to the provision of section 7 (1) (r) of the then applicable NAMA Act as well as to section 1, paragraph 2(1) of ICAO Document 9082.

A spokesman for AON, Prof. Obiora Okonkwo in a statement made available to Saturday Telegraph alleged that NAMA did not adhere to the policies, principles and guidelines contained in ICAO Documents 9082 (ICAO’s Policies on Charges for Airports and Air Navigation Services) and 9161 (Manual on Air Navigation Services Economics) before imposing the Helicopter Landing and Take-off Fee. Part 18, section 18.8.1.1 (e) of the Nigeria Civil Aviation Regulations require NAMA to adhere to the policies, principles and guidelines contained in those documents

He further alleged that contrary to the Ministry’s press statement of May 13, 2024, neither NCAA nor FAAN is a party to the MoU between NAMA and Naebi Dynamic Concepts Limited for the collection of the helicopter landing and Take-off Fee at private helipads, oil rig platforms, FSPOs, FSOs etc, stressing that those agencies had made it clear that they have no legal framework or justification to impose such fee.

According to Okonkwo, “The fee is charged and demanded in US Dollars contrary to the provision of section 15 of the Central Bank of Nigeria Act, which is clear that the unit of currency in Nigeria shall be the Naira.”

“There is nowhere in the world where the Air Navigation Service Provider does not provide any service to helicopter operators but charges landing and take-off fees for landings and take-off on and from private helipads, oil rig platforms, FSPOs, FSOs, etc.

“The examples given by the Ministry of Aviation and Aerospace Development in the Press Release of 13°” May 2024 of where landing and take-off fee is paid are all of the airports. The engagement of Naebi Dynamic Concepts Limited did not follow due process as it did not comply with the requirements of the Public Procurement Act for the procurement of the services of consultants”, he added.

The AON, he disclosed had at a meeting held recently with the Minister of Aviation and Aerospace Development made its position on the Helicopter Landing and Take-off Fee known.

This he said led to the temporary suspension of the collection of the fee and the setting up of a committee to look into the issues raised by the AON and other stakeholders.

“We commend the Minister for giving a listening ear to our position on the matter and for his great leadership of the aviation industry and support for the growth and sustainability of Nigerian air operators.

Going down memory lane, Okonkwo explained that the matter began in 2018 when Naebi Dynamic Concepts Limited proposed the introduction of “Helicopter Landing and Take-off Fee” to the immediate past Minister of Aviation, Senator Hadi Sirika, who forwarded the proposal to the Nigeria Civil Aviation Authority (NCAA) for comment.

NCAA according to him made it clear that there was neither a legal framework nor legal justification for it to introduce such a fee, and that aside from certification of helipads, most of which are privately owned, and for which it charged a certification fee, it did not provide any service to helicopter operators that would justify the imposition of such fee.

Wole Shadare