The Federal High Court, Lagos Judicial Division, has issued an order of interim injunction restraining the Federal Government from executing the proposed establishment of the national carrier – Nigeria Air.
Domestic airlines, under the auspices of Airline Operators of Nigeria (AON) had taken the federal government and its foreign technical partner and majority shareholders to court.
The eight airlines, among other prayers, asked the court to stop the national carrier deal and withdraw the Air Transport Licence already issued to Nigeria Air by the federal government/Nigerian Civil Aviation Authority.
They also said the firm, which served as Transaction Adviser for the transaction, was incorporated only in March 2021 and alleged that the company was linked to the aviation minister and further alleged that ATL issued to Nigerian Air did not pass through the normal security clearance.
The domestic airlines also alleged that the sale of shares of the proposed airline violated the Companies and Allied Matters Act, as well as that of the Securities and Exchange Commission.
Nigerian Air, Ethiopian Airlines, Minister of Aviation, Hadi Sirika, and Attorney-General of the Federation, Abubakar Malami, were listed as defendants in the suit while the registered trustees of the Airline Operators of Nigeria were the plaintiff.
The court ordered that “an order of interim injunction is granted restraining the defendants either by themselves, agents, privies, principals or any other persons whosoever from executing the proposed or draft ‘national carrier establishment and agreement between the Federal Government of Nigeria (represented by the 3rd and 4th defendants) and the strategic equity partner (the 2nd defendant) or giving effect to and or suspending the sale and transfer of the shares and operations of the 1st defendant by the 2nd defendant pending the determination of the motion on notice.
“That an order of maintenance of status quo by all parties in this suit from taking any further step(s) in relation to the subject matter of this suit pending the determination of the motion on notice is granted.
“That an order of accelerated hearing of this suit is granted.”
