Counsels to Airline Operators of Nigeria (AON) have advised Director General of Nigeria Civil Aviation Authority (DGCA) Capt Musa Nuhu to obey subsisting court injunctions and desist from issuing Air Operator Certificate (AOC) to Nigeria Air Limited
The advice was given in a letter titled: SUIT NO. FHC/L/CS/2159/2022 Between the Registered Trustees of Airline Operators of Nigeria and Others vs Nigeria Air Limited and others; dated April 19, 2023, addressed to the DGCA and signed by Abubákar Nuhu Ahmad Esq from the chambers of Nureini Jimoh (SAN) Chambers.
The DGCA was advised in his own interest to desist from any further action on the AOC process to the proposed national carrier project.
The letter added that failure of the Director General to obey the subsisting court injunctions as a law abiding agency under the watch of the world, will ridicule the integrity of the Agency before the local media as well as global aviation community.
The letter read in part:
“SUIT NO. FHC/L/CS/2159/2022
19thApril, 2023.
BETWEEN THE REGISTERED TRUSTEES OF THE AIRLINE OPERATORS OF NIGERIA
& ORS Vs NIGERIA AIR LIMITED &OR
NOTIFICATION OF COURT ORDERS We are Solicitors to the Plaintiffs in the above quoted suit.”
It continued, “The Federal High Court sitting in Lagos presided by Hon.Justice A.L Allagoa, in the above suit, granted Orders of interim and interlocutory injunctions, in the terms contained in the Order, restraining taking of any step in relation to the Nigeria Air project. Copy each of the Orders are enclosed as Annexures 1,2 &3.
“You are therefore notified to desist from dealing with the Minister /the Federal Ministry of Aviation and/or their agents, privies or representatives, pertaining the Air Operator Certificate (AOC), subject matter of the suit, to avoid consequences of disobedience of Court Orders. As a law abiding Regulatory Agency, you are under the watchful eyes of the world and it is in your interest to desist from any further action on the AOC process that will ridicule the integrity of the Agency before the local media as well as the Global Aviation Community.”
The counsels to AON however presented copy each of the court Orders (Annexures 1,2 &3) restraining the defendants either by themselves, agents, privies, Principals or any other persons whosoever from executing the proposed or draft national carrier establishment and agreement between the government of Federal Nigeria (represented by the Minister of Aviation Senator Hadi Sirika and Attorney General of the Federation) and the strategic equity. partner, Ethiopian Airlines or. giving effect to and or suspending the sale and transfer of the shares and operations of the Nigeria Air Limited by Ethiopian Airlines pending the determination of the Motion on notice.
