Court stops Nigeria Air indefinitely and adjourns case until 2023
A Federal High Court in Lagos on Thursday stopped the creation of the proposed national carrier - Nigeria Air, by the federal government.
Judge Ambrose Lewis-Allagoa ordered the federal government and national airlines to maintain the status quo in their action to establish an airline.
The judge issued the order pending the decision on the complaint filed by the Registered Administrators of Air Operators in Nigeria and five others in the aviation industry.
The other four complainants are Azman Air Services Limited, Air Peace Limited, Max Air Limited, United Nigeria Airlines Company Limited and Topbrass Aviation Limited, which were complainants first through sixth.
The first to fourth defendants are Nigeria Air Limited, Ethiopian Airlines, Senator Hadi Sirika (Minister of Aviation, Federal Ministry of Aviation) and the Attorney General of the Federation.
It came as the federal aviation ministry said Thursday it would take all necessary steps to rescind the order that halted work underway to create of the national airline.
Thursday's event in court was in line with The PUNCH exclusive report on Tuesday which revealed that lawyers representing the Federal Government and Ethiopian Airlines will be fighting in the High Court federal.
After a series of court proceedings, the judge ordered the national carrier to be halted on Thursday and subsequently adjourned the case until February 2023. Our correspondent who was in court reported the 'story.
Furthermore, a new suit has been filed by one of the CEOs of the flag carriers, Captain Edward Boyo, requesting that the name of the Registered Board of Air Operators in Nigeria be removed from the lawsuit on the grounds that the members of the association did not agree to sue the federal government over the proposed national carrier.
" is not valid"On November 15, 2023, the court granted the plaintiffs an interim injunction restraining the Federal Government and Ethiopian Airlines from proceeding with the establishment of Nigeria Air Limited.
Judge Lewis-Allagoa also ordered all parties to the lawsuit to maintain the status quo following plaintiffs' ex parte motion in lawsuit FHC/L/CS/2159/2022.< /p>
When the hearing resumed in the case on Thursday, Nureni Jimoh, SAN, appeared for the airline operators.
Seun Oriowo, for Nigeria Air and Minister of Aviation, objected to Jimoh's offer to bring his motion for notice of injunction against the defendants; Raji Rasaki, for the AGFs, and Ajibola Salisu for the intervening applicants.
The judge rejected Rasaki's argument for an adjournment so that lawyers from the AGF office in Abuja would take up the defense, rather than those from his office in Lagos.
Bassey Attol, for Ethiopian Airlines, informed the court that he had filed a response to Jimoh's request, while Salisu's adjournment request was opposed by Jimoh, on the basis that “the intervening plaintiffs are not a party to this lawsuit. They are intruders here to disrupt the proceedings.”
In his decision, Judge Lewis-Allagoa said: "I have considered all of the applications made to me. In the circumstances, the right thing for the parties to do is to maintain status quo pending the decision of this lawsuit."
The two intervenors/plaintiffs, in their November 23, 2022 application seen by The Punch, include Captain Edward Boyo and Captain Nogie Meggison.
They prayed for an order "stripping out the name of the 1st plaintiff (the Registered Trustees of the Air Operators of Nigeria) as a plaintiff in the lawsuit, for want of permission and/or sanction from the part of the Registered Directors as the National Executive Council of the Association."
One of the reasons for their prayer was that "there was no meeting of the Members, the National Executive Council or the Board of Directors of the 18 plaintiffs at which a decision /resolution has been taken to institute this costume.
“The decision/resolution and/or authorization of the National Executive Board comprising the Registered Directors is a condition precedent to the proper institution of any suit on behalf of the 1st Plaintiff.
"The inclusion of Plaintiff 1 as a party to this lawsuit is invalid."
As a result, the judge adjourned the case until February 13, 2023.
Meanwhile, while responding to the order of...
A Federal High Court in Lagos on Thursday stopped the creation of the proposed national carrier - Nigeria Air, by the federal government.
Judge Ambrose Lewis-Allagoa ordered the federal government and national airlines to maintain the status quo in their action to establish an airline.
The judge issued the order pending the decision on the complaint filed by the Registered Administrators of Air Operators in Nigeria and five others in the aviation industry.
The other four complainants are Azman Air Services Limited, Air Peace Limited, Max Air Limited, United Nigeria Airlines Company Limited and Topbrass Aviation Limited, which were complainants first through sixth.
The first to fourth defendants are Nigeria Air Limited, Ethiopian Airlines, Senator Hadi Sirika (Minister of Aviation, Federal Ministry of Aviation) and the Attorney General of the Federation.
It came as the federal aviation ministry said Thursday it would take all necessary steps to rescind the order that halted work underway to create of the national airline.
Thursday's event in court was in line with The PUNCH exclusive report on Tuesday which revealed that lawyers representing the Federal Government and Ethiopian Airlines will be fighting in the High Court federal.
After a series of court proceedings, the judge ordered the national carrier to be halted on Thursday and subsequently adjourned the case until February 2023. Our correspondent who was in court reported the 'story.
Furthermore, a new suit has been filed by one of the CEOs of the flag carriers, Captain Edward Boyo, requesting that the name of the Registered Board of Air Operators in Nigeria be removed from the lawsuit on the grounds that the members of the association did not agree to sue the federal government over the proposed national carrier.
" is not valid"On November 15, 2023, the court granted the plaintiffs an interim injunction restraining the Federal Government and Ethiopian Airlines from proceeding with the establishment of Nigeria Air Limited.
Judge Lewis-Allagoa also ordered all parties to the lawsuit to maintain the status quo following plaintiffs' ex parte motion in lawsuit FHC/L/CS/2159/2022.< /p>
When the hearing resumed in the case on Thursday, Nureni Jimoh, SAN, appeared for the airline operators.
Seun Oriowo, for Nigeria Air and Minister of Aviation, objected to Jimoh's offer to bring his motion for notice of injunction against the defendants; Raji Rasaki, for the AGFs, and Ajibola Salisu for the intervening applicants.
The judge rejected Rasaki's argument for an adjournment so that lawyers from the AGF office in Abuja would take up the defense, rather than those from his office in Lagos.
Bassey Attol, for Ethiopian Airlines, informed the court that he had filed a response to Jimoh's request, while Salisu's adjournment request was opposed by Jimoh, on the basis that “the intervening plaintiffs are not a party to this lawsuit. They are intruders here to disrupt the proceedings.”
In his decision, Judge Lewis-Allagoa said: "I have considered all of the applications made to me. In the circumstances, the right thing for the parties to do is to maintain status quo pending the decision of this lawsuit."
The two intervenors/plaintiffs, in their November 23, 2022 application seen by The Punch, include Captain Edward Boyo and Captain Nogie Meggison.
They prayed for an order "stripping out the name of the 1st plaintiff (the Registered Trustees of the Air Operators of Nigeria) as a plaintiff in the lawsuit, for want of permission and/or sanction from the part of the Registered Directors as the National Executive Council of the Association."
One of the reasons for their prayer was that "there was no meeting of the Members, the National Executive Council or the Board of Directors of the 18 plaintiffs at which a decision /resolution has been taken to institute this costume.
“The decision/resolution and/or authorization of the National Executive Board comprising the Registered Directors is a condition precedent to the proper institution of any suit on behalf of the 1st Plaintiff.
"The inclusion of Plaintiff 1 as a party to this lawsuit is invalid."
As a result, the judge adjourned the case until February 13, 2023.
Meanwhile, while responding to the order of...
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