By Chinelo Obogo
A Federal High Court sitting in Lagos on Monday, August 5, 2024, granted a perpetual injunction restraining the federal government and anyone acting on their behalf from perfecting, continuing or transferring the operations of Nigeria Air from the 3rd and 4th defendants to the 2nd defendant (Ethiopian Air).
The court permanently stopped the government from giving control of Nigeria Air to Ethiopian Air, who are the winning bidders. This means that Nigeria Air cannot be run by any bidder until the court decides otherwise.
Justice Lewis Allagoa who ruled in favour of the Airline Operators of Nigeria (AON) in their suit against Nigeria Air and several government agencies, also dismissed objections raised by interveners, Overland and others, and declared the sale of Nigeria Air shares and subsequent operations as unlawful.
The court ruled 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 court declared that the 2nd defendant was incompetent to bid for shares in the 1st defendant and commenced 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 was given.
The court also gave an order, directing the immediate, fresh and transparent bidding process(es) involving the plaintiffs being the AON which are rightly entitled to participate in the process.
The court also directing the immediate revocation and cancellation of the Air Transport License (ATL) issued by the Nigerian Civil Aviation Authority (NCAA) to the 1st defendant.
In 2022, the AON sued the G to court, listing Nigerian Air, Ethiopian Airlines, the immediate past Minister of Aviation and Aerospace Development, Hadi Sirika, and former Attorney-General of the Federation, Abubakar Malami, as defendants.
Among other prayers, the AON asked the court to stop the national carrier deal and withdraw the ATL already issued to Nigeria Air by the NCAA.
They also claimed that the firm which served as transaction adviser for the transaction, was incorporated in March 2022 and alleged that the company was linked to the aviation minister.