Justice Lewis -Allogoa, of the Federal High Court , Lagos Division has declared that the action, conduct, and decisions in the sale of shares and operation of Nigeria Air were in violation of the Companies and Allied Matters Act (CAMA) 2020, SEC Nigeria Consolidated Rules and Regulations 2013(as amended in 2022), Nigeria Investment Promotion Commission (NIPC) Act, International Civil Aviation Organization (ICAO) Convention, Civil Aviation Act, Public Procurement Act and other regulatory statutes on aviation, companies and investment laws in Nigeria.
The Court also stated that the entire administrative actions and decisions of Air Peace Limited and Max Air Limited in the sale of the shares of Nigeria Air to Ethiopian Airlines and it’s consortium is invalid, void and of no effect.
The court also ordered the payment of N2b as damages to The Registered Trustees of Airline Operators of Nigeria ,Azman Air Service Limited, Air Peace ,Max Air Limited,United Nigeria Airlines Company Limited and Top Brass Aviation Limited
Justice Lewis however gave orders: “setting aside the entire bidding/selection process(es) for the ‘Nigeria Air’ Project as well as the approval, grant or selection of Ethiopian Airlines by Nigeria Air Limited, Ethiopian Airlines and former Minister of Aviation, Senator Hadi Sirika in the process.
“An order directing immediate,fresh and transparent bidding process(es) involving the plaintiffs being the indigenous Airline Operators in Nigeria rightly entitled to participate in the process”
” An order directing the immediate revocation and cancellation of the Air Transport License (ATL) issued by the Nigeria Civil Aviation Authority (NCAA) to Nigeria Air Limited.”
” An order of N2 billion as damage for the injury suffered by the plaintiffs and still suffering as a result of the wrongful projection of the plaintiffs and still suffering as a result of the wrongful exclusion of the plaintiffs wrongful action”
