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Disquiet as NCAA stops airline’s AOC process over ‘conflict of interest’

There is an uneasy calm in the aviation industry over the decision of the Nigeria Civil Aviation Authority (NCAA) to halt the Air Operator Certificate (AOC) of a new airline, Omni Blu Aviation.

The NCAA had in a letter dated October 3, 2023, stopped the airline from proceeding with phase two of the AOC, citing conflict of interest.

The AOC is the certification for a new airline which involves five phases.

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Omni-Blu Aviation Limited (RC: 1098715) is a fast-growing airline duly incorporated in Nigeria to exploit the opportunities present in the country’s aviation sector.

The airline, on its website, said its approach to the industry “is to provide regular, customized and specialized air transportation, business and general aviation services throughout the industry value chain, targeted at the deserving and discerning traveling public.”

Our correspondent reports that the airline is already designated to many international designations including the United Kingdom.

But its certification has been stalled following the discovery by the NCAA that the current Director-General of the Nigeria Safety Investigation Bureau (NSIB), Engr. Akin Olateru, is a shareholder in the airline.

The letter, reference number NCAA/DOLTS/LRO/OBA/Vol.1/03323  addressed to the Managing Director/Accountable Manager, Omni Blu Aviation Ltd titled, “Outcome of Phase Two” read, “The phase two (2) meeting team met in concluding the outcome of the meeting held on Friday, the 29th September, 2023 in our premises.

“It was noted that the FORM O-OPS002, Item 2 (a) one Mr Akinola Olateru with a major financial interest in Omniblu is also the head of the Nigeria Safety Investigation Bureau (NSIB). See attached Corporate Affairs Commission Form, Form O-Ops002, Civil Aviation Act 2022, the Nigerian Safety Investigation Bureau Act 2022 on conflict of interest.

“The authority will have to suspend this process of variation until this observation is resolved. Do not hesitate to get back to the authority for any further clarification.”

Daily Trust learnt that the Acts establishing the aviation agencies bar employees from engaging in aviation business.

For instance, Part 19 of the first schedule of the Civil Aviation Act 2022 states: “The Minister of Aviation, members of the governing board, the director-general, and employees of the Ministry of Aviation and the Authority shall not control, manage or operate any aviation enterprise while in office.

“20. Any of the persons specified in paragraph 19 of this Schedule, having a financial interest in any aviation enterprise shall make full disclosure of such interest to their respective appointing authorities.

“21. The persons mentioned in paragraph 19 of this Schedule are prohibited from participating in any action or decision that may, whether directly or indirectly affect their financial interest in any aviation enterprise.”

A source said it was on this premise that the NCAA stopped the certification for the new airline to correct the “observed variation.”

In addition, it was gathered that the airline is taking steps to correct the error to enable the airline to continue with the certification process.

Aviation analyst, Group Capt. John Ojikutu said, “The Acts that set up each of the Civil Aviation Agencies forbid any member of the board management or the CEOs from having interest in any enterprise with civil aviation.

It will surely be a conflict if such is the situation now with any of the executives in the ministry or the agencies having multiple personal interests with connecting agencies or private enterprises.”

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