The Federal High Court in Lagos has fixed April 25, 2023 to rule in a motion filed by the Federal Government seeking to transfer the case filed by the Airline Operators of Nigeria (AON) challenging the establishment of the national carrier, to Abuja.
The AON had challenged the equity structure of the proposed Nigeria and the appointment of Ethiopian Airlines as the equity partner and the holder of controlling share.
AON, which is the umbrella body of Airline Operators of Nigeria, had approached the court seeking to interpret the law as it affects the process of procuring the services of Ethiopian Airlines for the operation of the proposed Nigeria Air.
Hearing in the objection brought by AON to the order to transfer the matter to the Abuja division of the Federal High Court was concluded Wednesday before Justice James Omotosho, who fixed April 25 to rule on the matter.
Justice Omotosho further adjourned the matter to April 25 after adopting all processes filed by the AON and the defendants including the Minister of Aviation, Hadi Sirika and Ethiopian Airlines.
In contesting the process of appointing Ethiopian Airlines for the management of the proposed Nigeria Air, AON argued that the Ministry of Aviation ignored the legally mandatory stages of the public procurement process as stipulated in the law establishing the Infrastructure Concession Regulatory Commission (ICRC).
According to AON, the law mandated the advertisement of the appointment of an operator for the proposed airline in three national newspapers.
It told the court that the federal government ignored the law by advertising only in two national newspapers and one foreign newspaper.
AON further argued that the law could be breached only in emergency situations where the National Assembly could not convene to amend it, adding that, there is no emergency in the process of appointing an operator for Nigeria Air to warrant a transgression of the law.
The AON said despite the matter advancing towards conclusion at the Federal High Court in Lagos; a motion was suddenly brought seeking to transfer the matter to Abuja.
Daily Trust reports that the motion for the transfer of the case to Abuja has stalled the substantive hearing in the matter which has stalled the take-off of the national carrier.
