Justice Lewis Allagoa of the Federal High Court, Lagos, on Tuesday, restrained the Federal Government from going ahead with its national carrier agreement with Ethiopian Airlines.
The judge, who gave the order while ruling on suit No: FHC/L/CS2159/2022 filed on November 11 by the Airline Operators of Nigeria (AON), asked all parties in the suit to maintain the status quo until a final judgment is made on the matter.
AON had filed the suit to stop the partnership between the federal government and Ethiopian Airlines on the operation of Nigeria Air.
Nigeria Air Limited, Ethiopian Airlines, Minister of Aviation, Hadi Sirika, and the Attorney General of the Federation were listed as respondents in the suit.
AON is an umbrella body of domestic airlines operating in the country. The group comprises Air Peace, Azman Air Services Limited, Max Air Limited, United Nigeria Airlines, and Topbrass Aviation Limited.
The companies are against Ethiopian Airlines operating in the domestic aviation market, saying the development would expand the foreign airlines’ market share in Nigeria to 60 percent.
Although the minister of aviation had said that Ethiopian Airlines was selected without any alternative as other foreign airlines did not apply to partner with the government in the establishment of Nigeria Air.
In the ruling, the judge said: “That an Order of Interim Injunction is granted restraining the Defendants either by themselves, agents, privies, Principals or any other persons whosoever from executing the proposed or draft “NATIONAL CARRIER ESTABLISHMENT AND AGREEMENT BETWEEN THE FEDERAL GOVERNMENT OF NIGERIA (represented by the 3rd and 4th Defendants) and the strategic equity partner (the 2nd Defendant) or giving effect to and or suspending the sale and transfer of the shares & operations of the 1st Defendant by the 2nd Defendant pending the determination of the Motion on Notice.
“That an Order of Maintenance of Status Quo by all parties in this suit from taking any further step(s) in relation to the subject matter of this suit pending the determination of the Motion on Notice is granted. That an Order of Accelerated Hearing of this suit is granted.”
Nigeria Air is expected to commence operation in December.
However, the order is a setback that could delay the commencement of its operation this year.
The take-off of the national career has suffered several delays in the past.
