Chinedu Eze
Airline Operators of Nigeria (AON), which filed a suit against the establishment of Nigeria Air, against the federal government, has reacted to the prayers of the defendants to move further hearing of the case to Abuja.
The Secretary of AON, Ewos Iroro, told THISDAY that the suit: FHC/L/CS/2159/2022, between the plaintiffs – the registered trustees of Airline Operators of Nigeria and the defendants – Nigeria Air Limited, Ethiopian Airlines, Senator Hadi Sirika (Minister of Aviation); and the Attorney General of the Federation, instituted against the establishment of Nigeria Air, has not been moved to Abuja.
Iroro explained that the defendants filed a motion requesting that the case be moved to the Federal Capital Territory, but the court has not heard the case.
Iroro noted that when the court sits it would hear the matter.
“The defendants in the case have prayed that the case is moved to Abuja. They have only filed the request, which the court is yet to hear to know whether they will prove that the case being in Lagos is injurious to them. They will have to prove it. We were thinking they would want an accelerated hearing of the case. That is why we requested for accelerated hearing,” he said.
The Motion on Notice jointly signed on January 13, 2023, by Liman Sulieman Shehu (esq), Maimuna Shiru, Orlowo Oluwaseun, stated: “Take notice that this honourable court may be moved on the….day of …..2023 of the hour of 9’oclock in the forenoon or so soon thereafter as counsel may be heard on behalf of the 1st, 3rd and 4th defendant/praying this Honourable Court for the following orders: An order for this Honorable Court transferring this suit to the Federal Capital Territory, Abuja judicial division for determination, being the judicial division of this Court on a substantial part of their business and for such order or further orders as this Honourable Court may seem fit to make in the circumstances of this case.”
On November 19, 2022, AON filed an originating summons against the federal government for the establishment of a new national carrier after the liquidation of Nigeria Airways.
AON is praying that the court looks at the extant laws and interprets such to know if the processes to start a new national carrier were not in violation of the laws of the Federal Republic of Nigeria.
The airlines accused the Ministry of Aviation of not complying with the three stages of the public procurement process as stipulated in the Act of the Infrastructure Concession Regulatory Commission (ICRC), which include advertisement and review.
The AON said that rather than advertise for bidders for the national carrier in three local newspapers as required by the law, the government advertised in only two national dailies and one foreign medium.
