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Justice Ambrose Lewis-Allagoa of a Federal High Court sitting in Ikoyi, Lagos, yesterday renewed its earlier order, directing the Federal Government (FG) and domestic airlines to maintain the status quo in their legal action, as it relates to the establishment of a proposed national carrier known as Nigeria Air.
The judge renewed his order, pending the determination of the suit instituted by The Registered Trustees of the Airline Operators of Nigeria and five others in the aviation industry.
Other plaintiffs in the matter are Azman Air Services Limited, Air Peace Limited, Max Air Limited, United Nigeria Airlines Company Limited, and Topbrass Aviation Limited, who are the first to sixth plaintiffs.
The first to fourth defendants are Nigeria Air Limited, Ethiopian Airlines, Sen. Hadi Sirika (Minister of Aviation, Federal Ministry of Aviation), and the Attorney-General of the Federation (AGF).
While proceedings lasted, two “intervenors/applicants”, initiated an application asking the judge to strike out the name of The Registered Trustees of the Airline Operators of Nigeria as a party in the suit, with an argument that its inclusion in the legal action is invalid.
It would be recalled that on November 15, 2022, Justice Lewis-Allagoa granted the plaintiffs an interim injunction, restraining the FG and Ethiopian Airlines from proceeding with the establishment of Nigeria Air Limited.
The court also directed all parties to maintain the status quo, following the plaintiffs' motion ex parte in the suit designated FHC/L/CS/2159/2022.
When proceedings resumed on Thursday, counsel for the Airline Operators, Nureni Jimoh, SAN, took steps to move his Motion on Notice for an injunction against the defendants but was opposed by Seun Oriowo for Nigeria Air and Minister of Aviation, Mr. Raji Rasaki for the AGF and Mr. Ajibola Salisu for the intervening applicants.
But Justice Lewis-Alagoa refused Raji's argument for an adjournment for lawyers from the AGF's Abuja office to take over the defence, rather than those from its Lagos office.
On his part, Bassey Attol, who represented Ethiopian Airlines, notified the judge that he had filed a response to Jimoh's application, while Salisu's prayer for an adjournment was opposed by Jimoh, on the ground that “the intervening applicant is not a party to this suit. It is an interloper here to disrupt proceedings.”
In his ruling, Justice Lewis-Allagoa held: “I've viewed all the applications before me. In the circumstances, the proper thing to do is for the parties to maintain the status quo pending the determination of this suit.”
The judge adjourned until February 13, 2023.
The two intervenors/applicants are Capt. Edward Boyo and Capt. Nogie Meggison. In their November 23 application, the duo are praying to the court for an order “striking out the name of the 1st Plaintiff (The Registered Trustees of Airline Operators of Nigeria) as a plaintiff in this suit, for want of due authorisation and/or sanction from the Registered Trustees qua National Executive Council of the Association.”
They had also argued that “There was no meeting of either the members, the National Executive Council or the Board of Trustees of the 18 Plaintiff wherein any decision/resolution was taken to institute this present suit.
“The Decision/Resolution and/or authorisation of the National Executive Council comprising the Registered Trustees is a condition precedent to the proper institution of any suit in the name of the 1st Plaintiff.
“The Inclusion of the 1st Plaintiff as a party to this suit is invalid.”
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