The suit brought by the Airline Operators of Nigeria (AON) against the federal government over the establishment of the national carrier, Nigeria Air would be moved to Abuja from Lagos.
The first, third and fourth defendants (Nigeria Air, Minister of Aviation and the Attorney General of the Federation) filed a motion asking that the court moves its proceedings from the Federal High Court, Lagos, to the Federal High Court sitting in Abuja.
In a Motion of Notice jointly signed on January 13, 2023, by Liman Sulieman Shehu (esq), Maimuna Shiru, Orlowo Oluwaseun, the court accepted that the proceeding be moved to Abuja but didn’t specify a date.
The notice read: “Take notice that this honourable court may be moved on the….day of …..2023 of the hour of 9’oclock in the forenoon or so soon thereafter as counsel may be heard on behalf of the 1st, 3rd and 4th defendant/praying this Honourable Court for the following orders: An order for this Honorable Court transferring this suit to the Federal Capital Territory, Abuja judicial division for determination, being the judicial division of this Court on substantial part of their business and for such order or further orders as this Honourable Court may seem fit to make in the circumstances of this case.”
On November 19, 2022, AON filed an originating summons against the federal government for the establishment of a new national carrier after the liquidation of Nigeria Airways.
AON had prayed that the court look at the extant laws and interpret such to know if the processes to start a new national carrier were not in violation of the laws of the Federal Republic of Nigeria.
The airlines accused the Ministry of Aviation of not complying with the three stages of public procurement process as stipulated in the Act of the Infrastructure Concession Regulatory Commission (ICRC), which include advertisement and review.
The AON said that rather than advertise for bidders for the national carrier in three local newspapers as required by the law, the government advertised in only two national dailies and one foreign medium.
It also alleged that the three-stage procurement process were not followed by the Minister of Aviation, Senator Hadi Sirika.
The AON wondered if President Muhammadu Buhari had the power to amend the law unilaterally, stressing that the law could only be breached in an emergency situation where the National Assembly power had been suspended, which is not the case in the present situation.
AON is insisting that the act of the minister and the approval of the president were in violation of the law, which made the entire process null and void.
