The Airline Operators of Nigeria, AON, lauded the judiciary on Tuesday for upholding justice and nullifying the purported sale of Nigeria Air to Ethiopian Airlines.
The operators said this in a statement signed by its
president, Dr Abdulmunaf Sarina, in Lagos.
NAN reported that Justice Ambrose Lewis-Allagoa of the
Federal High Court had, on Monday, declared the sale of Nigeria Air to
Ethiopian Airlines null and void.
Sarina commended the bold and patriotic declarations and
orders made by the court.
“The bold and patriotic declarations and orders made by the
court leave no one in doubt that the entire bidding, approval and so-called
unveiling processes of the purported national carrier were nothing other than a
sham set up to hoodwink Nigerians.
“It was also a surreptitious plan to kill Nigerian
indigenous airlines and hand over the commonwealth of Nigeria’s huge aviation
market with over 85 bilateral air services agreements around the world to
Ethiopian Airlines.
“We, therefore, thank the court for standing tall in the
face of untold pressure from very high quarters.
“For exonerating AON and other well-meaning Nigerian
indigenous airlines for going to court to protect the interests of Nigeria as
well as proving truly to be the only hope of the common man,” he said.
Sarina also applauded President Bola Tinubu’s government
through the Aviation Minister, Festus Keyamo SAN, for suspending the Nigeria
Air process.
NAN also reported that Justice Lewis-Allagoa declared in the
judgement that the action, conduct or decision in the sale of the shares and
operations of Nigeria Air violated the Companies and Allied Matters Act 2020.
Lewis-Allagoa also noted that the action was against the
Securities and Exchange Commission Nigeria Consolidated Rules & Regulations
2013 (as amended in 2022).
He said the process was against the Nigerian Investment
Promotion Commission Act, ICAQ Convention, Civil Aviation Act, Public
Procurement Act, Concession Regulatory Commission (Est.) Act 2005, and the
Federal Competition and Consumer Protection Act.
He added that the action was contrary to the procurement
processes for public-private partnerships in the Federal Government under the
National Policy on Public-Private Partnerships.
The court also held that the entire administrative actions
and decision in the sale of the shares of Nigeria Air to Ethiopian Airlines and
its pseudo-consortium were invalid, void and of no effect.
It added that Ethiopian Airlines was incompetent to bid for
shares in Nigeria Air and commence business accordingly.
The court further gave an order setting aside the entire
bidding/selection process(es) for the Nigeria Air project as well as the
approval, grant or selection of Ethiopian Airlines by the former Minister of
Aviation, Hadi Sirika, in the process.
The judgement ordered the immediate revocation and
cancellation of the Air Transport License issued by the Nigerian Civil Aviation
Authority to Nigeria Air Ltd.
The court had also issued a perpetual injunction restraining
the defendants, their agents, servants, officers, privies, and principals from
perfecting, continuing and transferring the operations of Nigeria Air to
Ethiopian Airlines.
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