Abuja judge to rule on Nigeria Air case transfer from Lagos

The Federal High Court in Abuja will rule on April 25 on whether or not to transfer from Lagos the case in which Nigerian private carriers are trying to stop the establishment of Nigeria Air (NWB, Lagos), the federal government's new national carrier joint venture project with a consortium led by Ethiopian Airlines (ET, Addis Ababa International).

This was the decision by Abuja Federal High Court judge J.K. Omotosho on March 29 who fixed the date after listening to the contesting parties. The applicant Airline Operators of Nigeria (AON) wants the case to be tried in Lagos, while the defendants have asked for its transfer to Abuja. The respondents in the case include Chief Judge John Tsoho; Nigeria Air; Ethiopian Airlines; Aviation Minister Hadi Sirika; and Attorney General and Minister of Justice, Abubakar Malami. The AON applicants include Azman Air, Air Peace, MaxAir (Nigeria), United Nigeria and TopBrass Aviation.

Counsel to the AON, Nureni Jimoh, argued that under Federal High Court Act rules and procedures, the Chief Judge does not have the power to transfer the case. Defence advocates, James Igwe and Alex Izinyon, countered the Chief Judge acted under his statutory and administrative powers, and therefore the court should dismiss the suit.

The original lawsuit filed by the AON in Lagos charges that the sale of shares and operations of Nigeria Air was "in violation of the Companies and Allied Matters Act (CAMA) 2020, SEC Nigeria Consolidated Rules & Regulations 2013 (as amended in 2022), Nigerian Investment Promotion Commission (NIPC) Act, International Civil Aviation Organisation (ICAO) Convention, Civil Aviation Act, Public Procurement Act, Concession Regulatory Commission (Est.) Act, 2005, Federal Competition and Consumer Protection Act, Procurement Processes for Public Private Partnership".

Despite the ongoing legal case, Sirika recently announced that Nigeria Air would debut before May 29, the date when a new federal administration takes office under ruling All Progressives Congress (APC) candidate Bola Tinubu.