In a landmark ruling, the Federal High Court in Lagos has declared the sale of Nigeria Air to Ethiopian Airlines invalid, void, and of no effect. Justice A. Alagoa’s judgment on August 5, 2024, upheld the Airline Operators of Nigeria’s (AON) stance, citing violations of various regulatory statutes.
The court’s decision invalidates the entire bidding and selection process for the Nigeria Air project, revokes the Air Transport License (ATL) issued to Nigeria Air Limited, and issues a perpetual injunction against the defendants. This includes restraining Ethiopian Airlines and its affiliates from further involvement in the project.
AON’s leadership hailed the judgment as a victory for justice, transparency, and the Nigerian aviation sector.
According to the President of AON, Alhaji Abdulmunaf Yunusa Sarina: “The court’s declarations expose the sham processes behind the purported national carrier. It was a ploy to favor Ethiopian Airlines, undermining Nigerian indigenous airlines and the economy. We commend the court for standing tall in the face of untold pressure.”
He emphasized that the judgment vindicates AON’s advocacy for a fair and transparent national carrier establishment process. He thanked President Bola Ahmed Tinubu’s government, particularly the current Aviation Minister, Festus Keyamo, for suspending the Nigeria Air process and aligning with the truth.
According to a press statement by AON, key aspects of the judgment include:
- Violations of the Companies and Allied Matters Act (CAMA) 2020
- Non-compliance with SEC Nigeria Consolidated Rules & Regulations 2013 (as amended in 2022)
- Breaches of the Nigerian Investment Promotion Commission (NIPC) Act
- Contraventions of the International Civil Aviation Organization (ICAO) Convention
- Non-adherence to the Civil Aviation Act, Public Procurement Act, and Concession Regulatory Commission (Est.) Act, 2005
- Flouting of the Federal Competition and Consumer Protection Act
- Deviations from Procurement Processes for Public Private Partnership in the Federal Government under the National Policy on Public Private Partnership (N4P)
- Contraventions of Nigeria Civil Aviation Regulations, 2015
This ruling sets a precedent for transparency and adherence to regulatory frameworks in Nigeria’s aviation sector, ensuring a level playing field for all stakeholders.
