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Key highlights
- The Federal Excessive Court docket in Lagos has adjourned the case difficult the Nigerian authorities’s plan to determine a brand new nationwide service to April 25, 2023.
- The Airline Operators of Nigeria (AON) contested the choice, arguing that the Ministry of Aviation ignored the legally obligatory phases of the general public procurement course of.
- The AON argued that the legislation mandates the commercial of the appointment of an operator for the proposed airline in three nationwide newspapers, however the authorities solely marketed in two nationwide newspapers and one overseas newspaper.
The plan by the Federal Authorities to arrange a brand new nationwide service for the nation earlier than the tip of this administration suffered a setback on Wednesday because the Federal Excessive Court docket sitting in Lagos adjourned the case difficult the challenge to April 25, 2023.
Sitting in Lagos on Wednesday, Justice James Omotosho stated the court docket would rule on the matter on April 25, 2023.
Justice Omotosho acknowledged this after adopting all processes filed by the Airline Operators of Nigeria (AON) and the defendants, together with Sirika and Ethiopian Airways.
The backstory
Final week, the Minister of Aviation, Sen. Hadi Sirika, had vowed that the federal government would reestablish a brand new nationwide service for Nigeria earlier than the tip of Could.
Nevertheless, the Airline Operators of Nigeria (AON) contested this determination in court docket. They argued that the Ministry of Aviation had ignored the legally obligatory phases of the general public procurement course of.
Additionally, in contesting the method of appointing Ethiopian Airiness for the administration of the proposed Nigeria Air, AON argued that the Ministry of Aviation ignored the legally obligatory phases of the general public procurement course of as stipulated within the legislation establishing the Infrastructure Concession Regulatory Fee (ICRC).
In accordance with AON, the legislation mandates the commercial of the appointment of an operator for the proposed airline in three nationwide newspapers.
It advised the court docket that the Federal Authorities ignored the legislation by promoting solely in two nationwide newspapers and one overseas newspaper.
AON additional argued that the legislation could possibly be breached solely in emergencies the place the Nationwide Meeting couldn’t convene to amend it, including that, there was no emergency within the means of appointing an operator for Nigeria Air to warrant a transgression of the legislation.
The AON stated that regardless of the matter advancing in the direction of a conclusion on the Federal Excessive Court docket in Lagos; the federal government all of a sudden needed to switch the case to Abuja.
AON insisted that there was no extraneous state of affairs to warrant the switch of the swimsuit to the Abuja Division of the court docket, even after the matter had reached a sophisticated stage with a restraining order on the Federal Authorities to keep up the established order pending last willpower of the swimsuit.
The court docket’s ruling
Sitting in Lagos on Wednesday, Justice James Omotosho, stated the court docket would rule on the matter on April 25, 2023.
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