18 February 2013

Nigeria: Bi-Courtney Floors Aviation Ministry, FAAN in Court

Abuja — The Federal High Court, Abuja, has struck out the suit filed by the Aviation Ministry and the Federal Airports Authority of Nigeria over the concessioning of the General Aviation Terminal, GAT, of the Murtala Muhammed Airport, Domestic Terminal, MMA2 by Bi-Courtney Aviation Ltd.

The court, presided over by Justice A.R. Mohammed, in a judgment delivered on Friday, described the suit by the ministry and the Federal Airports Authority of Nigeria, FAAN, as an abuse of court process.

According to a copy of ruling, Justice Mohammed held that the issues canvassed by the plaintiffs (aviation ministry and FAAN) had been conclusively determined by Justice J. Chikere of the Federal High Court in Suit No: FHC/ABJ/CJ/50/2009.

The court noted that the decision of Justice Chikere in the previous suit, which was instituted by Bi-Courtney Aviation Services Limited, BASL, was binding on all agencies of the Federal Government.

Quoting aspects of Justice Chikere's judgment, to justify its ruling, the court stated: "The parties named in the Relief 7 are agents/agencies of the Federal Government. They are agents/agencies of a named principal, that is, the Federal Government. Any order against the known principal binds the agents/agencies.

The agents/agencies stationed and operating at all airports terminal in Lagos State could not have operated without the support or approval of the Federal Government. They are therefore restrained, prevented or prohibited from operating scheduled flights in and out of Lagos State from any airport terminal other than MMA2 al Government."

Copyright © 2013 Vanguard. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). To contact the copyright holder directly for corrections — or for permission to republish or make other authorized use of this material, click here.

AllAfrica publishes around 2,000 reports a day from more than 130 news organizations and over 200 other institutions and individuals, representing a diversity of positions on every topic. We publish news and views ranging from vigorous opponents of governments to government publications and spokespersons. Publishers named above each report are responsible for their own content, which AllAfrica does not have the legal right to edit or correct.

Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica. To address comments or complaints, please Contact us.