Lawyers for the Airline Operators of Nigeria (AON) have written to President Muhammadu Buhari, accusing the Minister of Aviation, Hadi Sirika, of concocting a ruse to deceive him and Nigerians while planning to violate a court ruling with suit no. FHC/L/CS/2159/2022.
In response to the minister’s insistence on launching Nigeria Air before the end of this administration, Abubakar Ahmad wrote a letter titled “Nigeria Air Project” Last Minute Planned Disobedience to Court Order And Deliberate Plan to Ruin the Achievement of this Administration,” in which he stated that Sirika chose the last working day of the administration to bring in two aircraft in contravention of the court order, urging the President to stop the Minister’s actions.
“We are solicitors to AON and our client filed the above suit to question the deliberate infraction of the Nigerian laws mainly against the Federal Ministry of Aviation over the Nigerian Air Project. In the suit, the Federal High Court sitting in Lagos presided by 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.
“As your excellency is well aware, the administration will hand over on Monday, May 29, 2023 but the Minister of Aviation, Hadi Sirika, is planning to circumvent the court orders on Friday 26th May, 2023 being the last working day of this administration and possibly to cover up the various infractions of Nigerian laws, amongst others.
“This was disclosed in the interview granted yesterday by the Minister to the media which has gone viral. The Minister is planning to hurriedly bring in two aircrafts and pretend that Nigeria Air has commenced operation. Aside moral justification for commercial operation after the Minister’s last day in office, it is a clever way to violate the court orders. This action has no regard to whether or not it will stain the record of this administration, whether or not it will cover for actions raised in the suit and deliberately meant to violate court orders for self-serving purposes.
“We therefore employ your excellency, to stop this action of the Minister of Aviation, ensure compliance with the terms of the order and avoid needless controversies on the action after this administration would have expired.
“Notwithstanding, our client will still pursue contempt action against the Minister personally whether or not he left office, for the promotion of the rule of law, protection of integrity of the court and in line with international best practices.”
The AON, which is the umbrella body of airline operators in Nigeria, had approached the court seeking it to interpret the law as it affects the process of procuring the services of Ethiopian Airlines for the operation of the proposed Nigeria Air.
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 mandated 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 emergency situations where the National Assembly could not convene to amend it, adding that, there is no emergency in the process of appointing an operator for Nigeria Air to warrant a transgression of the law.