Court Nullifies Nigeria Air Sales Deal With Ethiopian Airlines

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By Abiola Olawale

A Federal High Court sitting in Lagos State on Monday granted an order declaring the sale of Nigeria Air Ltd to Ethiopian Airlines as null and void.

The Presiding Judge, Justice Ambrose Lewis-Allagoa, in his ruling on Monday, also ordered that the Federal Government should halt the plan to establish a national carrier, Nigeria Air.

Justice Lewis-Allagoa delivered this ruling on a lawsuit filed by the plaintiffs, which include the Registered Trustees of the Airline Operators of Nigeria, AON, and five other entities.

The judge, in his ruling, also affirmed that all requested reliefs were approved except for the demand for N2bn in damages. The plaintiffs sought these damages for the losses they claimed to have suffered due to their exclusion from the process and the alleged wrongful actions related to the bidding and selection processes for the Nigeria Air initiative.

The plaintiffs in the lawsuit, comprising the Registered Trustees of the Airline Operators, Azman Air Services Limited, Air Peace Limited, Max Air Limited, United Nigeria Airlines Company Limited, and Topbrass Aviation Limited, took legal action against Nigeria Air Limited, Ethiopian Airlines, former Minister of Aviation Senator Hadi Sirika, and the Attorney-General of the Federation.

In their filings, the plaintiffs sought a court order to nullify the entire bidding and selection procedures for the Nigeria Air project. They also called for the cancellation of the approval and selection of Ethiopian Airlines by former Minister Hadi Sirika and former Attorney General of the Federation Abubakar Malami.

It would be recalled that the Nigeria Air project was announced in July 2018 during the Farnborough Air Show in the UK. The airline then set out to start operations on May 29, 2023, following what it called the delivery of its first Boeing 737-800 aircraft on May 26, 2023. However, resistance from domestic airlines and multifaceted problems associated with getting an Air Operator’s Certificate (AOC) militated against its commencement of operations.

Recall also that Ethiopian Airlines, the airline’s parent company, had declared in August 2023 that it would start operations in October 2023, using a fleet of eight aeroplanes and twelve wet-leased aircraft from Boeing, a plan that has now gone awry.

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