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Seized aircraft: NAMA urges Arik, Eze to settle dispute, denies exparte order receipt
The Nigerian Airspace Management Agency (NAMA) said it is yet to be formally served the ex-parte order by Arik Air stopping further execution of the judgment of the Supreme Court.
It tasked the parties to the dispute to resolve their issues as quickly as possible so that the Arik aircraft in question could resume flight operations.
NAMA’s Director of Public Affairs and Consumer Protection, Alhaji Abdullahi Musa in a statement explained that on July 19th 2024, the enforcement department of the FCT High Court enforced an order made by the Court regarding a debt of $2.5 million owed by Arik Airline to one Atlas Petroleum International Ltd. by attaching their aircraft.
Musa noted that Arik was further given a notice of public auction of the planes by the Court which was slated to be held on July 26, 2024, if they fail to pay the Judgment debt, saying all these were served on the agency and also on the supervising Minister, the Minister of Aviation.
According to him, the records show that on March 8th, 2016, the judgment debtor (ARIK) appealed the decision of the High Court of Lagos State entering judgment against it to the Court of Appeal and on September 30th, 2021, the appeal was dismissed by the Court of Appeal in a unanimous decision with cost.
“Arik again appealed to the Supreme Court for leave to appeal the decision of the Court of Appeal, and on the 9th day of January 2024, the Supreme Court, per Okoro, J.S.C., delivered its Ruling dismissing the Judgment Debtor’s application for leave to appeal”.
He further noted that the judgment creditor registered the Judgment of the Lagos State High Court in The High Court of FCT and on June 26th, 2024, Honourable Justice O. A. Adeniyi, then sitting in Court 8, Maitama, Abuja) made an order after hearing Motion No: M/9785/2024 filed on behalf of Atlas Petroleum attaching all the moveable properties belonging to the Judgment Debtor, including the Judgment Debtor’s aircraft with Registration No: B737-700/ 5N-MJF, B737-800/ 5N-MJQ, DASH8-Q400 and 5N-BKX in satisfaction of the judgment debt. Copies of the Order and Certificate of Judgment were also served on us and the Minister.”
He noted that the agency understood too that Arik had obtained an exparte order stopping further execution of the order, maintaining that they have not been formally served.
“In the circumstances, since the first execution took place by attaching the aircraft, further execution by way of sale can be halted whilst the parties go back to court to resolve the issues” he stated.
He however stated that to preserve the subject matter of the present dispute which are the aircraft in question (the res), which have already been attached, “We have decided to comply with the effect of the Supreme Court order, by grounding the aircraft (subject of dispute) so that they are not taken out of the jurisdiction of the court or tampered with in a way as to frustrate the courts”.
“Furthermore, the Minister, being a member of the Inner Bar himself understands the implication of the Supreme Court Order dismissing the motion for leave to appeal and will not risk his license as a legal practitioner or his privilege as a Senior Advocate of Nigeria by engaging in acts that will frustrate an order of the Supreme Court of Nigeria”.
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