The High Court of the Federal Capital Territory (FCT), sitting in Bwari, has ordered the immediate grounding of a disputed aircraft linked to NG Eagle Airline Limited and restrained parties from selling, transferring or tampering with two Embraer jets at the centre of a $5.3 million transaction dispute.
The court, presided over by Justice M. A. Madugu granted the preservatory orders on February 26, 2026, following an interlocutory application filed by Rekers Engineering & Construction Limited against Galactic Aviation Limited, Abdullahi Ahmed, NG Eagle Airline Limited and the Minister for Aviation and Aerospace Development.
The claimant, through its counsel, Taiwo Hassan (SAN), sought orders to halt further flights and commercial operations involving the Embraer EMB-145MP aircraft and to prevent any dealings in both the EMB-145MP and EMB-145LR aircraft pending the determination of the substantive suit.
In a 57-paragraph affidavit deposed to by its Managing Director, Umar Sheriff Lawan, the claimant maintained that it is the lawful owner of the aircraft under an Aircraft Sale and Purchase Agreement dated August 28, 2024.
According to the company, the agreed purchase price was $5.3 million, approximately N8.5 billion, with an initial payment of N3 billion and the balance payable within 30 days.
Rekers Engineering alleged that despite delivering the aircraft, the defendants failed to pay the outstanding balance but proceeded to re-register the jets in their names and commence commercial operations through NG Eagle Airline, thereby generating revenue while the claimant’s funds remained unpaid.
The firm further alleged that parts from the EMB-145LR aircraft were dismantled and used to keep the EMB-145MP operational, an action it argued compromised safety standards and diminished the value of the second aircraft.
It told the court that mediation efforts involving aviation regulators produced proposals, including return of the unpaid aircraft and a structured payment plan, but these were not implemented.
The defendants opposed the application in a counter-affidavit sworn to by Adamu Haruna Zemo, Head of Quality and Safety at Galactic Aviation Limited.
They contended that the aircraft were purchased on the understanding that they were airworthy, but subsequent inspections allegedly revealed defects.
According to them, the EMB-145LR aircraft was returned due to identified faults, while the EMB-145MP required repairs costing about $1.2 million before it could be deployed.
They further argued that the re-registration of the aircraft was lawful and done with the claimant’s consent.
The defendants denied dismantling parts from the second aircraft and maintained that NG Eagle operated the aircraft strictly as a lessee.
The defence also claimed that the Nigerian Civil Aviation Authority investigated the claimant’s petition, found the allegations unsubstantiated, and cleared the aircraft to resume operations.
Counsel for the defendants submitted that any loss suffered by the claimant was purely monetary and compensable by damages, warning that grounding the aircraft would disrupt commercial services and affect the flying public.
In his ruling, Justice Madugu held that the sole issue for determination was whether the claimant met the legal threshold for the grant of an interlocutory injunction.
The court reiterated that interlocutory injunctions are discretionary and equitable remedies intended to preserve the subject matter of litigation pending trial.
It emphasised established principles, including proof of a legal right, existence of a serious question to be tried, inadequacy of damages as compensation and the balance of convenience.
Justice Madugu found that the dispute raised substantial and triable issues, such as whether title passed before full payment, the legality of the re-registration, entitlement to continued commercial use and allegations concerning removal of aircraft parts.
The court held that these were not frivolous claims and that failure to preserve the aircraft could render any eventual judgment nugatory.
Accordingly, the court restrained the first, second and third defendants from operating, flying or deploying the EMB-145MP aircraft for commercial service pending determination of the suit.
It also barred the sale, transfer, lease, export or any form of dealing with both aircraft and prohibited the removal, dismantling or tampering with any components, engines, records or parts.
The Minister for Aviation and Aerospace Development was directed to notify the Nigerian Airspace Management Agency and the Nigerian Civil Aviation Authority for strict compliance with the orders, limited to the aircraft in dispute.
The court noted the claimant’s undertaking as to damages, binding it to compensate the defendants should the injunction later be deemed unwarranted.
The matter was adjourned to April 14, 2026, for continuation of proceedings.
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