Nigeria's Aviation Minister Hadi Sirika has reiterated that Nigeria Air (Lagos) will begin operations before the end of the current administration on May 29, 2023, while the Abuja division of the Federal High Court has dismissed an attempt by the Airline Operators of Nigeria (AON) to have their case against the establishment of the new national carrier to be heard in Lagos.
Briefing media after a Federal Executive Council (FEC) meeting in Abuja on April 26, Sirika echoed statements he made in March when he said the carrier would fly before the new federal administration takes office under the ruling All Progressives Congress (APC) on May 29.
"Nigeria Air Limited, I did say that we will get it going before the end of this administration and I have not withdrawn my words. We have everything in place; the aircraft are in place, the offices, operational centres, the staffing and everything that we need to have in place. We're doing the last-minute checks and waiting for the issuance of the AOC [air operator's certificate], and it will fly. It will fly, and it will be for the benefit of this country, for the size of the population, the travelling public and what it does to the economy, especially to tourism, to African integration and for the AU Agenda 2063. It's a very important project, and I must say it will happen before the end of our tenure in the next four weeks and two days," reported Premium Times newspaper.
Meanwhile, The Sun newspaper reports on April 25, the Abuja division of the Federal High Court dismissed an attempt by the AON to stop an order by Chief Justice John Tsoho directing the transfer from Lagos to Abuja of the case in which the private airline organisation is challenging the establishment of Nigeria Air, the federal government's new joint venture with a consortium led by Ethiopian Airlines (ET, Addis Ababa International).
In his judgement, Abuja Federal High Court judge James Omotosho dismissed the AON's attempt as "frivolous [and] unreasonable as it disclosed no cause of action". He awarded NAD1.5 million naira (USD2,172) in favour of the Chief Judge of the Federal High Court for having been "humiliated and harassed" in the course of his duties. "The plaintiffs cannot bring an action against the discretionary powers of the chief judge to transfer a case and re-assign the same. The chief judge acted in his judicial and administrative capacity and cannot be sued for his action. The action of the plaintiffs has not disclosed any reasonable cause of action. [...] This suit is frivolous, unreasonable and brought to humiliate and harass a public officer. I, hereby, award a cost of NAD1.5 million against the plaintiffs in favour of the chief judge," Omotosho said.
In November 2022, the Nigerian Federal High Court in Lagos granted the AON an interim injunction that prevents Sirika, the Federal Ministry of Aviation, Nigerian Attorney-General Abubakar Malami, and other defendants from continuing with the launch of the new national carrier. This followed a court application filed on November 11 by the registered trustees of the AON, including Azman Air, Air Peace, MaxAir (Nigeria), TopBrass Aviation and United Nigeria Airlines to have Nigeria Air's Air Transport License (ATL) revoked on the grounds that the carrier would be anti-competitive and damaging to domestic airlines.
