Unending Aviation crises and the dashed hope for Nigeria Air

The Aviation Sector in Nigeria has witnessed incessant industrial action for several years by Unions as a result of government’s 0failure in ensuring effective Infrastructural development and equipment at various airports such as the runway, Instrumental Landing system (ILS), manpower welfarism, reduced taxes for the airline owners and operators among others.

Though Aviation is  globally coordinated in terms of operations but the unforeseen circumstances, airports across Nigeria were shut down just last week as aviation unions commenced their  two day warning strike over non-release of their reviewed Condition of Service negotiated with four aviation agencies over seven years in addition to the planned demolition of Lagos offices of some agencies.

The Secretary General of the National Union of Air Transport Employees (NUATE), Ocheme Aba; Air Transport Services Senior Staff Association of Nigeria (ATSSSAN), Frances Akinjole; Association of Nigeria Aviation Professionals (ANAP), AbdulRasaq Saidu; Amalgamated Union of Public Corporation Civil Service Technical and Recreation Services Employees (AUPCTRE), Sikiru Wahab and the Deputy General Secretary of National Association of Aircraft Pilots and Engineers (NAAPE, Umoh Ofonime, signed a notice for the two-day strike, saying they had earlier issued a 14-day ultimatum to the Minister of Aviation, Hadi Sirika on the same issue since February 7, 2023 to no avail. The unions warned that failure to meet their demands after the two-day warning strike, will be followed by an indefinite strike.

The Unions grouse included  non-implementation of minimum wage consequential adjustments and arrears for the Nigeria Meteorological Agency (NiMet) since 2019, refusal of the Salaries, Income and Wages Commission, (NSIWC) and Office of the Head of Service of the Federation, (OHCSF) to release the reviewed Condition of Service of the Nigerian Airspace Management Agency (NAMA), Nigerian Civil Aviation Authority, (NCAA) Nigerian College of Aviation Technology (NCAT) and Nigerian Meteorological Agency, (NiMeT) as duly conveyed by the Federal Ministry of Aviation since upwards of nine years.

Airline operators revealed that they lost billions of naira during the two-day strike that occurred last week. The Chief Executive Officer of Air Peace, Allen Onyema in an interview with Channels TV on Monday stated that whenever aviation unions embark on strikes, the industrial action disrupts activities in the aviation market and results in losses to the airline companies.

“The cost associated with the strikes is enormous, but the airline operators are not reimbursed after the strike is called off. Whenever these strikes erupt in the aviation industry, it is the airlines that suffer most, together with the flying public. The loss of revenue and the cost associated with the strikes are enormous. Airline operators in Nigeria lost several billions of naira within those two days of disruptive activities and no one is going to give that back to us.”

According to him, “The insurance on their planes is static. Whether you fly, or we don’t fly, those aeroplanes have been insured. Salaries are to be paid and monies owed to fuel vendors, they must be paid. Each time you call for a strike in the aviation sector, it is very disruptive and the consequences are very, very high.”

Another alarming issue in the Aviation Sector is that the Federal Government is adamant on starting Nigeria Air despite all grudges from stakeholders. The planned commencement of the National carrier was kicked against by indigenous airlines operators. The Airline Operators of Nigeria (AON) and five other plaintiffs have sued the Nigeria Civil Aviation Authority (NCAA) over the alleged plan to issue Air Operator Certificate (AOC) to Nigeria Air despite the impending court case at the Federal High Court sitting in Lagos over the matter.

The plaintiffs, AON, Azman Air Services Limited, Air peace Limited, Max Air Limited, United Nigeria Airlines, and TopBrass Aviation Limited, have warned the NCAA from relating with the Minister of Aviation, Ministry of Aviation, or their representatives on the issue, pending when the issue is determined by the court.

There have been allegations by the AON that the Federal Government had granted Ethiopian Airlines (ET) in its Commercial and Strategic Plan 15 years tax moratorium for it to partner with the government on Nigeria Air.

In the suit filed by its lawyers, Nureini Jimoh Chambers, dated April 19, 2023, addressed to the Director-General Civil Aviation (DGCA) said issuing of AOC to the troubled national carrier, Nigeria Air would be in flagrant disobedience of the court order, which restrained it from doing so, pending the determination of the injunction filed against it by the operators.

The plaintiffs told the DGCA that the issue was already at the Federal High Court sitting in Lagos and presided over by Hon. Justice A.L. Alagoa who granted Orders of interim and interlocutory injunctions, which restrained the parties involved from going ahead with the 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 to the Air Operator Certificate (AOC), the 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 media and as well as the global aviation community.”

The AON and other plaintiffs had on November 19, 2022, called on the court to look at the extant laws and interpret such to know if the processes following the planned rebirth of a new national carrier for the country were not in violation of the law of the Federal Republic of Nigeria.

Though, the Federal Government and Ministry of Aviation had sought the transfer of the case to the Federal High Court – Abuja Judicial Division from Lagos. An affidavit in support of the motion on notice sworn to by Des-Bordes Felicia, the counsel to the defendants; Nigeria Air (1st defendant), Sen. Hadi Sirika (3rd defendant), and Attorney General of the Federation (4th defendant), argued that hearing of the suit in Lagos would add financial burden on the defendants.

Beyond the legal action and marathon industrial activities in the aviation sector, the agreement and level of partnership with Ethiopian airways in the new Nigeria Air to control about 60 per cent is uncalled for. The Federal Government should singlehandedly own and operate the national carrier without any partnership because it is widely perceived as a scam or a white elephant project. The Federal Government should take necessary steps to ensure that the aviation sector works effectively without disruption.