Key highlights
- The Federal High Court in Lagos has adjourned the case challenging the Nigerian government’s plan to establish a new national carrier to April 25, 2023.
- The Airline Operators of Nigeria (AON) contested the decision, arguing that the Ministry of Aviation ignored the legally mandatory stages of the public procurement process.
- The AON argued that the law mandates the advertisement of the appointment of an operator for the proposed airline in three national newspapers, but the government only advertised in two national newspapers and one foreign newspaper.
The plan by the Federal Government to set up a new national carrier for the country before the end of this administration suffered a setback on Wednesday as the Federal High Court sitting in Lagos adjourned the case challenging the project to April 25, 2023.
Sitting in Lagos on Wednesday, Justice James Omotosho said the court would rule on the matter on April 25, 2023.
Justice Omotosho stated this after adopting all processes filed by the Airline Operators of Nigeria (AON) and the defendants, including Sirika and Ethiopian Airlines.
The backstory
Last week, the Minister of Aviation, Sen. Hadi Sirika, had vowed that the government would reestablish a new national carrier for Nigeria before the end of May.
However, the Airline Operators of Nigeria (AON) contested this decision in court. They argued that the Ministry of Aviation had ignored the legally mandatory stages of the public procurement process.
Also, in contesting the process of appointing Ethiopian Airiness for the management of the proposed Nigeria Air, AON argued that the Ministry of Aviation ignored the legally mandatory stages of the public procurement process as stipulated in the law establishing the Infrastructure Concession Regulatory Commission (ICRC).
According to AON, the law mandates the advertisement of the appointment of an operator for the proposed airline in three national newspapers.
It told the court that the Federal Government ignored the law by advertising only in two national newspapers and one foreign newspaper.
AON further argued that the law could be breached only in emergencies where the National Assembly could not convene to amend it, adding that, there was no emergency in the process of appointing an operator for Nigeria Air to warrant a transgression of the law.
The AON said that despite the matter advancing towards a conclusion at the Federal High Court in Lagos; the government suddenly wanted to transfer the case to Abuja.
AON insisted that there was no extraneous situation to warrant the transfer of the suit to the Abuja Division of the court, even after the matter had reached an advanced stage with a restraining order on the Federal Government to maintain the status quo pending final determination of the suit.
The court’s ruling
Sitting in Lagos on Wednesday, Justice James Omotosho, said the court would rule on the matter on April 25, 2023.
