Nigeria: Aviation Unions Petition Tinubu Over Grounding of Arik Air, Seek President's Intervention

6 August 2024

Labour unions in the Nigerian aviation industry have jointly written an open letter to President Bola Tinubu on the grounding of Arik Air's aircraft by the Nigerian Airspace Management Agency (NAMA), urging the President to intervene and review the consequences of shutting down the operations of the airline.

The unions which included the National Union of Air Transport Employees (NUATE), the Air Transport Services Senior Staff Association of Nigeria (ATSSSAN) and the National Association of Aircraft Pilots and Engineers (NAAPE), expressed dismay over the grounding of the airline's fleet.

In the open letter dated August 1, 2024, signed by Ocheme Aba, General Secretary, NUATE; Frances Akinjole, Principal Deputy General Secretary, ATSSSAN, and Olayinka Abioye, General Secretary, NAAPE, made available to THISDAY, the unions said they were shocked by the grounding of the operations of the airline over the indebtedness between Arthur Eze and Johnson Arumemi-Ikhide, the founder of Arik Air.

The unions also stated that the aircraft in question belonged to secured creditors as lien and wondered how such equipment could be taken over by another creditor.

They argued that the aircraft could not have been used as writ for the loan.

According to the unions, the action created anguish and severe frustration among Arik's passengers and had exacerbated the present air travel challenges in the country.

The unions also stated that no fewer than 2,000 direct staff of the airline would be affected, while no fewer than 16,000 dependents would also face the current hardship of the grounding of the airline by the agency.

"Under the current severe socio-economic upheavals, throwing such large numbers of citizens into economic quagmire can only worsen the forbearance strains.

"This is apart from losses of the other third party vendors and service providers - airports, aviation agencies, ground handlers, fuellers, caterers and many more. This will also have a significant negative impact on the earnings of aviation agencies.

"Against the background of the negative consequences of the earlier similar grounding of Dana Air for which the industry is still counting the losses, we consider this avoidable situation to be truly worrisome," the statement said.

The unions also appealed to the President to intervene in the crisis by calling all parties in the matter, especially the government agencies to order and allow the airline to continue its operations, even while the issues are being resolved.

The unions also pointed out that there was an order of court directing all parties to maintain status quo ante on the issue.

"Your Excellency, Sir, while we cannot arrogate the review of any judicial decision regarding the matter to ourselves as trade unions, we are strongly of the opinion that the mentioned fleet of aircraft cannot be subject of attachment to any writ that might have occasioned the grounding of the airline as the fleet of aircraft do not belong to Arik Air as such, it being lien belonging to secured creditors.

"While we await your expeditious intervention in this matter, we most passionately request that you use your esteemed office to call all parties in this matter, especially government agencies, to order and allow Arik Air continue their operations even while the issues are being resolved. "This is in the national interest, especially considering that there is an order of court directing all parties to maintain status quo ante.

"We trust in your renewed hope agenda to bring succor to our troubled dear nation, and we hope that your administration will always carry our Unions along in matters connected with the aviation industry," the unions stated.

On Tuesday last week, NAMA issued a statement explaining that in line with court order, it had to ground four aircraft in Arik Air's fleet, pending when the Court resolves the case between Arik Air and Atlas Petroleum.

"The Judgment Creditor registered the Judgment of the Lagos State High Court in The High Court of FCT and On the 26th day of June, 2024, Honorable Justice O. A. Adeniyi, then sitting in Court 8, Maitama, Abuja) made an order after hearing Motion No: M/9785/2024 filed on behalf of Atlas Petroleum attaching all the moveable properties belonging to the Judgment Debtor, including the Judgment Debtor's aircraft with Registration No: B737-700/ 5N-MJF, B737-800/ 5N-MJQ, DASH8-Q400 and 5N-BKX in satisfaction of the judgment debt. Copies of the Order and Certificate of Judgment were also served on us and the Minister," NAMA had stated in the statement.

The statement had also clarified that the airline's fleet of aircraft were grounded over the $2.5 million debt to one Atlas Petroleum International Ltd.

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