The recent issue concerning the Nigerian Civil Aviation Authority and Azman Air showed that effective regulation by the agency alone cannot guarantee safety without the commitment of airlines to self-regulate, writes Chinedu Eze
Few days after the Associated Aviation Flight 361 crash on takeoff from the Murtala Muhammed International Airport (MMIA), Lagos on October 3, 2013, the then Director General of the Nigerian Civil Aviation Authority (NCAA), Captain Fola Akinkuotu, had addressed industry stakeholders and journalists who accompanied him to visit the victims of the crash in the Lagos State University Teaching Hospital.
He had said while it is the duty of NCAA to regulate the industry, it remains the responsibility of the airlines to ensure that their aircraft are safe and airworthy, noting that the airlines should have the intrinsic desire to fly safely and should do everything possible to ensure that they abide by the given safety standard.
In other words, NCAA does not have omniscient powers to know everything. An airline could still hide a lot from the regulatory authority.
That was why after one of the tragic accidents some years ago, NCAA concentrated on ensuring that every airline has accountable manager that meet certain critical conditions in terms of qualification, work ethic and subjected to continuous grilling by the authority.
Today, many airlines in Nigeria have realised that any accident that happens, no matter which airline that is involved, is a huge setback for the industry and their own operations. But not all are awake to this reality. From its conducts as exposed by recent NCAA report, Azman Air might not be awake to this reality.
Maintaining Safety Standard
There was a story some years ago in the aviation industry where an airline operator got a charter deal with a former Governor from the South-east but the airline’s chief pilot had told the operator that he would not fly the aircraft because it was not airworthy.
The operator became incensed and angry and physically assaulted the chief pilot. But the later stood his ground and the flight did not take place. Also, initial report about the Associated Aviation flight accident had indicated that the aircraft voice alerted the pilot to abort the flight but he continued with it and crashed moments after.
Nigerians knew about the second incident because a crash took place. The first incident was a story told. But besides weather, malfunctioned aircraft and pilot error were behind some of the air crashes recorded in Nigeria and all had to do with the decisions taken by airlines. So without airlines choosing to fly safely, NCAA may not stop air crashes in Nigeria.
This is why many industry stakeholders were shocked by NCAA revelations about Azman Air, which obviously indicated that the airline management was allegedly cutting corners.
It also showed that the airline does not have the right personnel that would ensure that its operations are subjected to given safety standards.
NCAA in a statement issues on March 19, 2021, had said it suspended the operations of Azman Air, to avert a national tragedy and loss of life, “which may become inevitable if the airline continues to operate with disregard for safety procedures.”
NCAA said over a period of about six weeks, Azman Air’s Boeing 737 aircraft operating scheduled passenger flights were involved in three separate incidents, resulting in damage to the aircraft in each case but with no loss of life, “for which we are grateful to God.”
“During a routine ramp inspection on 10th February 2021, at Nnamdi Azikiwe International Airport, Abuja, NCAA inspectors found an Azman Air maintenance engineer carrying out replacement of the right-hand main landing gear wheel assembly (nos. 3 and 4) of their Boeing 737-500 aircraft with registration 5N-SYS, without referring to the manufacturer’s maintenance manual. This is a violation of the Civil Aviation Regulations, for which both Azman Air and the engineer have been sanctioned but are yet to pay the fine.
“On 11th February 2021, Azman Air flight AZM 2318 operated with the same Boeing 737-500 aircraft with registration 5N-SYS departing Kaduna for Lagos. During take-off, a component of the aircraft was observed to have fallen off the aircraft and Air Traffic Control (ATC) notified the Captain, who elected to continue the flight to Lagos. Upon arrival in Lagos, the Captain failed to make entry in the aircraft technical logbook,” the authority said.
It also explained that Azman Air maintenance team on ground in Lagos were notified of the detached part and carried out an inspection, which identified the missing part as the number three Main Landing Gear’s heatshield.
However, NCAA said the maintenance team neither made an entry in the technical logbook nor rectified the defect but released the aircraft for a scheduled passenger flight from Lagos to Abuja.
Suspension and Audit Report
All these incidents and infractions prompted NCAA to suspend the airline and in the audit report, NCAA listed many violations of the airline and said Azman Air does not have the right personnel required for Commercial Air Transport Operations and the airline was found not to be in compliance with the provisions of the Nigerian Civil Aviation Regulations (Nig.CARs) 9.2.2.2 (a) and (e) (2) with regards to provision of resources and discharge of the duties of the Accountable Manager.
The audit revealed that there is complete non staffing of the Safety Management Department and staffing of the Quality Management Department with only one officer, thereby making it impossible to effectively implement Safety and Quality Management Systems functions as required by Nig.CARs 9.2.2.3 and 9.2.2.10, respectively.
The report also stated that Azman Air Ltd was found to be in violation of Nig.CARs 18.10.3 regarding the submission of monthly financial health reports to the NCAA.
“This is evidenced in Azman Air’s failure to meet up with the monthly obligation in submitting the required financial health report for months despite several reminders. Last submission was in July, 2020. During this audit, Azman submitted reports for December, 2020 and January 2021,” the report said.
Azman Air was also found to be in violation of Section 12 (1) of Civil Aviation Act, 2006 as regards to non-remittance of five percent Ticket Sales Charge.
“This is evidenced by the airline being indebted to the authority to the tune of One billion Five Hundred and Forty Five million, Two hundred and Sixty Two thousand One hundred and Twenty naira, Thirty One kobo (N1, 545,262,120.31) as at December, 2020. The airline was found to be in violation of Nig.CARs 18.12.6 as regards to signing an agreement with the Authority for direct debit. This is evidenced by delay in signing of the Direct Debit Tripartite Agreement with NCAA,” NCAA said.
In addition to so many other infractions, NCAA further said the airline’s Accountable Manager exhibited a lack of understanding of his duties and responsibilities as contained in the Operations Manuals, which indicated lack of evidence of the Accountable Manager’s involvement in Management Reviews of Quality Audit Findings.
Arbitrariness and Connection
Many Nigerians after reading these reports have become apprehensive about travelling by air. They also gave kudos to NCAA for being able to intervene at the time it did. But critics asked, why wait for all these corner cutting and obvious incompetence to take place before intervening? Why didn’t NCAA stop the airline after noticing the initial lack of commitment to abide to safety standards?
Some industry stakeholders have criticized NCAA, saying that the top officials of the agency have started “looking at faces” before acting. This means that the law is applied according to the influence the airline owner can wield. In other words, a very influential operator can do many things, infringing on the laws and getting away with it. This is exactly what NCAA autonomy was supposed to eliminate, but indications show that NCAA still take arbitrary decisions, depending on who is involved. Some examples can suffice. Some years ago an airline, which has gone under now, operated one aircraft for almost one year. This was against the regulation that an airline must operate minimum of two aircraft. THISDAY also learnt that NCAA could extend date for mandatory major checks for some airlines and not others on the basis of who interfered for the airline.
Some industry observers noted that the regulatory authority suspended an airline over safety concerns and the airline engaged in the defamation allegation against the Director General of NCAA said so much about the power the operator believes he wields and also indicated the extend the regulatory authority had brooked such excesses in the past.
Airlines’ Obligation
Reacting to the NCAA audit report on Azman, many experienced industry stakeholders expressed their views and noted that it is the responsibility of airlines to ensure that they operate safely while guided and regulated by NCAA.
The Commissioner and CEO of Accident Investigation Bureau-Nigeria (AIB-N), Akin Olateru, while reacting to those who felt NCAA did not do enough to check the excesses of Azman Air noted that NCAA cannot realistically be expected to check all operating airlines every minute. The Airline has a responsibility, too.
“Suggesting otherwise is akin to insisting that the police force should stop every single vehicle on the street to ensure that they have complete and valid papers. Just imagine the number of policemen that will be required in a city like Lagos (for example) to carry this out. Not to mention the disruption it would cause to the daily flow of traffic and other activities.
“It is an unachievable and unnecessary goal, especially when the rules, which govern the operation of every airline within the Nigerian airspace, are clearly stipulated. It is not right to castigate the NCAA in this instance, as there appears to be a worrying trend with this operator,” he said.
He also noted that the NCAA initiates processes when it is necessary to do so and, “in my opinion, on this occasion their action is in order. What is important is that we should have a robust and simplified system in place”
The Chief Executive Officer of West Link Airlines, Captain Ibrahim Mshelia, said the NCAA has responsibility to ensure all companies applying to operate aircraft in Nigeria for hire and reward to obtain an air operator certificate (AOC).
“The same regulations or law requires all such operators to acquire and demonstrate ability to operate and maintain all equipment and machines they will use for such operation and must demonstrate all stated abilities in the manuals they presented they intend to use as guide.
“NCAA having reviewed the qualifications, capabilities and demonstrated abilities will certify them, issue the AOC which entitles the operator to function as certified while NCAA henceforth will oversight them.
“The company would have made so many pledges in their manuals that they demonstrated also during phase four. After certification, NCAA’s role now reduces from certification to oversights and to ensure compliance and or apply sanctions as necessary.
“Azman failed to demonstrate continuous abilities to operate safely in certain areas and NCAA in its wisdom grounded it after positive proof. I personally think what played out was a good example of regulating and over-sighting,” he said.
Mshelia also said the pilot of that aircraft and the maintenance engineers who ignored all the visible warnings should be responsible.
“The engineers are guilty for releasing the aircraft with worn out tyres, but also if they had brand new tyres released to them in the stores. Perhaps the tyres would have been changed.
“But even guiltier is the pilot who took the badly worn out tires into the air, a part fell off during takeoff and was told by the tower, yet, he continued even when there was a loud bang during the takeoff phase according to the report,” he said.
