Breaking: Court Stops Nigeria Air

Domestic airlines obtain order restraining Federal Government, Ethiopian Airlines.
November 15, 2022
Nigeria air

Airline Operators of Nigeria (AON) has obtained a Federal High Court injunction restraining the Federal Government from executing the National Carrier Agreement it signed with Ethiopian Airlines.

In the suit no: FHC/L/CS2159/2022, the defendants mentioned are Nigeria Air Limited, Ethiopian Airlines, Minister of Aviation, Hadi Sirika, and the Attorney General of the Federation. 

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Prime Business Africa had reported that domestic airlines protested against the selection of Ethiopian Airlines as Nigeria’s strategic partner for operation of the national carrier, Nigeria Air. 

The local airlines were against the partnership despite the Minister of Aviation, Hadi Sirika, stating that other foreign airlines snubbed FG’s request for partnership. The Nigerian government had ignored calls to look inwards for its  national carrier project.

Sirika said only Ethiopian Airlines showed interest and met the requirement as requested by the Nigerian government. Regardless, the domestic airlines went to court to stop the partnership demanding N2 billion  as compensation fro damages, especially as the proposed  arrangement would allow the Nigeria Air compete with local operators for passengers. 

According to the AON, the partnership will give Ethiopian Airlines a window into the domestic aviation market, thereby, threatening their operation and market share. AON also requested that the court withdraws the license issued to Nigeria Air, arguing it didn’t follow due process. 

In a court document obtained by Prime Business Africa, dated November 11, 2022, Justice Lewis-Allagoa, among others, ordered as follow:

“That an Order of Interim Injunction is granted 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 FEDERAL GOVERNMENT OF NIGERIA (represented by the 3rd and 4th Defendants) and the strategic equity partner (the 2nd Defendant) or giving effect to and or suspending the sale and transfer of the shares & operations of the 1st Defendant by the 2nd Defendant pending the determination of the Motion on Notice. 

“That an Order of Maintenance of Status Quo by all parties in this suit from taking any further step(s) in relation to the subject matter of this suit pending the determination of the Motion on Notice is granted. That an Order of Accelerated Hearing of this suit is granted.”

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