Counsel for the Airline Operators of Nigeria (AON). Mr. Nureini Jimoh, has written to the director general of the Nigeria Civil Aviation Authority (NCAA), Capt Musa Nuhu, reminding him of the order of interlocutory injunction restraining the issuance of air operator certificate (AOC) to the litigious Nigeria Air.
The AON lawyer wrote the reminder following moves to grant Air AOC) to the airline despite subsisting interim and interlocutory injunctions.
In a letter entitled ‘Notification of Court Order, Suit FHC/L/CS/2159/2022 between the Registered Trustees of the Airline Operators of Nigeria & ORS vs. Nigeria Air Limited & ORS’, Jimoh notified the NCAA to desist from dealing with the minister/the federal ministry of aviation and/or their agents, privies or representatives, pertaining the AOC to avoid consequences of disobedience of court orders.
“We are solicitors to the plaintiffs in the above quoted suit.19th April, 2023. The Federal High Court sitting in Lagos presided by Hon. Justice A.L Allagoa, in the above suit, granted orders of interim and interlocutory injunctions, in the terms contained in the Order, restraining taking of any step in relation to the Nigeria Air project.”
“You are therefore notified to desist from dealing with the minister/the federal ministry of aviation and/or their agents, privies or representatives, pertaining the Air Operator Certificate (AOC), subject matter of the suit, to avoid consequences of disobedience of court orders.
“As a law abiding regulatory agency, you are under the watchful eyes of the world and it is in your interest to desist from any further action on the AOC process that will ridicule the integrity of the agency before the local global aviation community,” the lawyer wrote.
Recall that the airlines had taken the minister of aviation, Mr. Hadi Sirika, attorney general of the federation, Nigeria Air, and Ethiopian Airlines (Defendants) to court to stop the airline (Nigeria Air) from operating.
The plaintiffs prayed the court for an order of interim injunction restraining the defendants either by themselves, agents, privies, principals, or any other persons whatsoever from executing the proposed draft, “National Carrier’ establishment between the Federal Government of Nigeria and the strategic equity partner (second defendant) or giving effect to or suspending the sale and transfer of the share and operations of the first defendant by the second defendant pending the determination of the motion on notice.
