Stakeholders in the aviation industry have berated the Minister of Aviation and Aerospace Development, Festus Keyamo for directing the Nigeria Civil Aviation Authority (NCAA) to suspend Dana Air over the incident when it skidded off the runway on landing at the domestic wing of the Murtala Muhammed International Airport, Lagos on Tuesday.
According to part 11 of the Act which deals with the Nigeria Civil Aviation Authority, sub-section 3 of the Act stated that “the Authority shall be independent in the discharge of its duties and functions under this Act and for that purpose shall not, except as provided under tis Act, take directives from any person or authority”.
Also, the Section 4 (3) stated that the Authority “shall be independent in the discharge of its duties; so, by directing NCAA to suspend Dana Air operations, the Minister, who is a Senior Advocate of Nigeria (SAN) has violated the 2022 Civil Aviation Act.
On Wednesday, the Minister directed the Nigeria Civil Aviation Authority acting Director General, Captain Chris Najomo to suspend the operations of Dana Air in a letter signed by the Permanent Secretary, Ministry of Aviation, Dr. Emmanuel Meribole.
The letter stated, “As the supervisor overseeing our nation’s aviation safety and regulatory compliance, it has come to the Honourable Minister’s attention that recent incidents involving Dana Airline have raised serious concerns regarding both the safety and financial viability of their operations.
“In light of these incidents and with the paramount priority being the safety and well-being of our citizens and travelers, the Honourable Minister has directed that you immediately initiate the suspension of Dana Airline’s fleet until a comprehensive audit can be conducted. This audit should encompass all aspects of safety protocols, maintenance procedures, and financial health to ensure full compliance with our aviation regulations.
“The recent incidents have underscored the urgency of this matter, and it is imperative that swift and decisive action be taken to safeguard the interests of all stakeholders involved. I trust in your expertise and diligence in carrying out this audit thoroughly and expeditiously. Please keep me informed of the progress and any significant findings throughout this process.
“Your dedication to upholding the highest standards of aviation safety is deeply appreciated.”
Reacting to the action taken by the Minister, former Chief Operating Officer of IRS Airlines, Yemi Dada in his verified X (twitter) handle, observed that the action of the Minister eroded the autonomy of NCAA, explaining that the key condition for the certification of a Civil Aviation Authority by the International Civil Aviation Organisation (ICAO) is that the CAA must be autonomous. Also, in order for Nigeria to sustain its Category 1 status given it by the US Federal Aviation Administration (FAA), which allows US airlines to fly to Nigeria and Nigerian airlines to fly to the US, NCAA must be autonomous.
He stated, “An independent regulator (NCAA) is a requirement for @ICAO and @FAANews category 1 certification. While the intention (suspending Dana Air) is noble, the message it passes and the impression it gives is not great. The conversation around who regulates the independent regulator is one we must have.”
In the statement issued by NCAA subsequently and dated April 24, 2024, the Authority said that the Dana Air aircraft involved in the incident with registration marks, 5N-BKI “is awaiting the preliminary report of the investigation launched by the Nigerian Safety Investigation Bureau (NSIB).
“While the NSIB is conducting the safety investigation, the NCAA has initiated an in-house compliance assessment of this occurrence taking into account previous occurrences involving Dana Air aircraft. This is in a bid to establish any trend which must be ripped in the bud in the interest of the safety and well-being of our citizens and travellers,” the statement signed by the acting Director General, Najomo, said.
NCAA also stated, “Furthermore, the Honourable Minister of Aviation and Aerospace Development in sharing concerns of the Authority has thrown his weight behind the need for swift measures to be taken to address pertinent safety and economic issues that may underpin some of these occurrences.”
NCAA therefore reiterated the suspension of Dana Air, “As a precautionary step, and in accordance with Sec 31 (7) of the Civil Aviation Act 2022, the Authority has imposed a suspension on your Air Operator Certificate (AOC) with effect from 24th April, 2024 at 23:59 to allow for a thorough safety and economic audit.”
Also, industry stakeholder and former Secretary General of Aviation Round Table (ART), Group Captain John Ojikutu (retd), in his reaction to the Minister’s directive and NCAA statement, said, “If any of the reasons stated in both letters of the minister and the NCAA are reasons for the suspension of the airline, then both too should be indicted for negligent. These reasons are most likely to be in previous investigation and audit reports which the NCAA had responsibility to ensure that the airlone complied with them but did not and the NCAA did nothing to enforce compliance, then the agency should be found negligence. All said and done, the minister should stay off the statutory functions of the NCAA and the NISB in the current matter concerning Dana air. The world is watching us just as ICAO in particular is doing. Aviation operates on global standards and practices not on the order of the ministry but on the national regulations through the enforcement of the NCAA the agency Nigeria has designated as Responsible Civil Aviation Authority not the Ministry of Aviation.”
