The federal high court in Lagos has prohibited the federal
government from selling the shares of Nigeria Air to Ethiopian Airlines.
The temporary injunction was given in a suit marked
FHC/L/CS/2159/2022 and filed by registered trustees of the Airline Operators in
Nigeria (AON), Azman Air Services Limited, Air Peace Limited, Max Air Limited,
United Nigeria Airline Company Limited, and Topbrass Aviation Limited, the
plaintiffs.
The suit has Nigeria Air, Ethiopian Airlines, Hadi Sirika,
minister of aviation, and Abubakar Malami, attorney-general of the federation
(AGF), as the first to fourth defendants.
In the enrollment order dated November 15, A. Lewis-Allagoa, the judge, said the government, represented by the
aviation minister, and the AGF should not proceed on an “establishment
agreement” until the substantive matter of the suit is heard and determined.
While asking all the parties in the suit to maintain “status
quo”, the judge ordered an accelerated hearing of the case.
Meanwhile, in the originating summons of the suit, the
plaintiffs formulated five questions to the court to determine, one of which
reads:
“Whether the entire process for the sale and transfer of
shares of the 1st defendant to the 2nd defendant and its consortium by the 3rd
and 4th defendants is in line with the provisions of the Infrastructure
Concession Regulatory Commission (Est.) Act, 2005, Federal Competition and
Consumer Protection Act, International Civil Aviation Organization (ICAO)
Convention, the National Policy on Public Private Partnership (N4P), sections
76-81 of the Federal Competition and Consumer Protection Act, and does not
affect the entire process including the selection, approval or grant to the 2nd
defendant and its consortium by the 3rd and 4th defendants is not invalid and
thereby entitling the entire process to fresh bidding exercise?”
The plaintiffs, therefore, prayed the court to declare that
“the entire administrative actions and decisions of the 3rd and 4th defendants
in the sale of the shares of the 1st defendant to the 2nd defendant and its
consortium is invalid, void and of no effect”.
The plaintiffs also sought for: “A declaration that the 2nd
defendant was incompetent to bid for shares in the 1st defendant and commence
business accordingly
“An order setting aside the entire bidding/selection
process(es) for the “Nigeria Air” project as well as the approval, grant or
selection of the 2nd defendant by the 1st, 3rd and 4th defendants in the
process.
“An order directing the immediate, fresh and transparent
bidding process(es) involving the plaintiffs being the indigenous Airline
Operators in Nigeria rightly entitled to participate in the process.
“An order directing
the immediate revocation and cancellation of the air transport license (ATL)
issued by the Nigerian Civil Aviation Authority (NCAA) to the 1st defendant.”
They also asked the court to award them N2 billion in
damages and order a perpetual injunction restraining the federal government
from transferring the shares and operations of Nigeria Air to Ethiopian
Airlines.
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