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NCAA: Rocky road to aviation regulation

The Nigerian aviation space has witnessed several challenges, even as its regulation has striven to meet global expectations under the watch of the 25-year-old Nigerian Nigeria Civil Aviation Authority (NCAA). WOLE SHADARE writes
Reflection
Just last week, the Nigerian Civil Aviation Authority (NCAA) rolled out the drums to celebrate 25 years of the aviation regulatory body, otherwise known as the policeman of the aviation industry. Describing the agency as the policeman of the agency gives the impression that the agency acts like the typical Nigeria Police whose operations do not sit well with a majority of the populace.
However, the Nigerian Police must be commended for some of the good work they have done over the years despite many unpalatable stories about it.
Civil Aviation regulation in Nigeria became the function of the National Government in the immediate post-colonial period. Nigeria had bought over the equities of Elder Dempster and other stakeholders in West African Airways Corporation (WAAC), following the withdrawal of Ghana in 1958 after independence.
It became imperative that the new nation put in place a regulatory system that would underpin airline operations in Nigeria by the International Civil Aviation Organisation (ICAO) sets of Standard Recommended Practices (SARP), issued in 1944/45.
Memory lane
As of then, aviation oversight and development functions were domiciled in the Civil Aviation Department of the Federal Ministry of Aviation, headed by Dr. Kingsley Ozumba Mbadiwe.
It was a self-regulatory regime that lasted almost three decades. In 1988, a seminar was held to develop an aviation policy for the country.
One of the accepted recommendations was the need to create a statutory regulatory agency under the Ministry of Aviation, which would be charged with the safety and economic regulation of the aviation sector, as well as partly handle the provision of air traffic services.
Following this, by the last quarter of 1989, a new agency named “Federal Civil Aviation Authority” (FCAA) was created to carry out industry oversight and regulation with Air Commodore Kolawole Falope, a retired Air Force officer, as its first chief executive.
With Falope were younger industry professionals like Moshood Agbabiaka, Babatunde Obadofin and Harold Demuren. From the onset, the FCAA began to build a foundation that would host a sound regulatory system in keeping with ICAO SARP.
Despite the efforts to build the system, the whole idea of regulatory independence was an anathema to the government, as the minister/ministry still exercised tight control over the Authority, even on safety issues, let alone economic matters, which, at that time, were undeveloped.
Critical safety and airworthiness decisions and approvals requiring inspection by professionals before being arrived at were taken and given by ministers without recourse to the relevant desk officers in FCAA for input or advice.
The then Minister of Aviation, Capt. Benoni Briggs, had in 1999 recreated, in his reform, a new Civil Aviation Authority – NCAA — with an Airspace Management Agency – NAMA — the rot and decadence, which Eduok’s reform set in motion, continued to dog the industry.

The Capt. Briggs’s reform that recreated the Nigeria Civil Aviation Authority and the Nigerian Airspace Management Agency (NAMA) became the nucleus of a new regulatory body.
However, it must be noted that the 1999 Act was quite inadequate to police, drive the development and advance regulatory practices. It needed extensive rejigging and ramping. It needed freedom from ministerial interference in technical matters.
Objective
The NCAA was created by an Act of Parliament in 1999, with among others, performing statutory responsibilities of ensuring regulation, monitoring and promotion of the safety, security, economic and reliability of air navigation oversight in line with ICAO SARPs. The Authority effectively commenced operations on January 1, 2000.
The 2006 Civil Aviation Regulation gave the Director-General of the Nigerian Civil Aviation Authority (NCAA) autonomy to regulate the economic status of airlines and expected to negotiate bilateral commercial agreements between Nigeria and foreign airlines, the airports and manpower in the aviation industry. It issues and withdraws licences of airlines, pilots, engineers, cabin crew and others. It examines their medical status and training and also supervises aviation training schools.
NCAA since 2006 has enjoyed some levels of autonomy, but full autonomy as enshrined in the 2006 Civil Aviation Regulations and as amended has eluded the agency.
The role the NCAA is supposed to play in BASA arrangements is reduced to advisory. The minister as political head of the ministry appoints the head of the parastatals, and the management of these agencies kowtow to his whims.

Persistent Interference
While it is the responsibility of the Senate to ratify the Director-General of the NCAA when appointed by the Federal Government, the minister is the one who decides who becomes the next Director-General.
So with these powers bestowed on the minister, the minister roughshod the agency heads and put them under their control. It is obvious that the autonomy of the NCAA only exists on paper.
Ministers as politicians have different interests that sometimes conflict with the safety objective of some of the industry regulations.
Key players
These were the challenges Dr Harold Demuren faced when, in 2006, in response to the mournful mood of a beleaguered nation that just lost over 400 lives in three air crashes, he was appointed as the helmsman at NCAA, thus replacing Fidelis Onyeyiri, an aircraft engineer.
He began his tenure by deftly attacking the underbelly of the problem, which, of course, was the weak regulatory framework encapsulated in the NCAA Act of 1999, which contained so many lacunas.
By 2006, Demuren’s administration succeeded, with like-minded patriotic legislators and stakeholders, in getting the new “Civil Aviation Act” 2006 enacted.
The Demuren-led NCAA at a point was asked to help some other African States grow strong regulatory systems akin to the NCAA.

With this and other achievements, Nigeria attained a peak that put it on global excellence. Both the United States of America and the United Kingdom gave up their reservations on Nigeria’s unedifying aviation safety status, while IFALPA no longer considers Nigeria’s airspace unsafe.
Demuren exited in 2013, leaving behind a legacy of resoluteness that resisted interference from political quarters.
Capt. Fola Akinkuotu, a pilot and trainer of aviation professionals took over from Demuren. His appointment came with a lot of intrigue as his confirmation was kept on hold for so long by the National Assembly.
Unfortunately, Akinkuotu suffered severe emotional violence and indubitable injustice when, for no valid reason, he was booted out at the time he was just about settling down into the job.
The late Capt. Murtar Usman replaced Akinkuotu and like his predecessor, his confirmation took longer than expected because of intrigues from the Presidency.
While this waiting game was on, another Acting DG, Benedict Adeyileka, an engineer, held sway for almost seven months.
The late Usman Muhtar was eventually confirmed as the substantive DG of the NCAA. His tenure was mixed. While many commended his frugality as he saved a lot of money for workers’ training among others that threatened the primary functions of the NCAA.
The Acting capacity status is unknown to the Act setting up the agency. The result was that a decline in performance set in as enforcement and compliance became loose, complacency set in.
Capt Musa Nuhu took over from Muhtar and quickly settled to work. He came in at a time COVID dealt a devastating blow to the sector and the manner he handled the situation earned plaudits for Nigeria.

Nuhu did exceptionally well even though his critics may think otherwise. He combined his ability to listen with the firmness of applying the sticks whenever it became necessary.
Nuhu left in a very controversial manner as he was suspended from office over alleged financial misappropriation. Till this moment, the government is yet to find him wanting. He was treated badly.
His suspension opened the way for another aircraft pilot, Capt Chris Najomo to mount the saddles in Acting capacity.
Not many gave him a chance to do well. The unassuming Najomo has automated all the processes of the NCAA. The flight data centre is a huge step in preventing accidents and collating data.
The Consumer Protection Directorate owes its rejuvenation to his drive, support and vision. The DATR portal is a loud statement about his intentions, as has been his ability to pay workers what was unjustly owed them for years, despite budget provisions and approvals.
The historical signing of the Irrevocable De-registration Export Request Authorisation (IDERA) cut down the alleged corruption of inspections by allowing aircraft to be inspected in Nigeria.
Expert’s view
An aviation expert who preferred anonymity said, “As more aircraft come into Nigeria, airlines will be better equipped to serve passengers and there will be fewer disruptions. I know how strategically Capt. Najomo has been trying to fix the issues that cause high fares”.
Last line

Today, airline operations are safer than yesterday and one can comfortably say that Nigeria’s regulatory profile has moved away and up from the lower trough of 2012/2014 to another ridge in the undulating performance landscape of aviation regulation. The successes recorded in the ICAO and FAA Audits of 2015 and 2016 respectively are testimonies.
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