The Federal High Court of the Lagos Judicial Division has issued an order of interim injunction restraining the Federal Government from executing the proposed establishment of the national carrier – Nigeria Air.
However, the Federal Government, through its Minister of Aviation, Hadi Sirika, declared on Tuesday that no law in Nigeria could stop the national carrier project.
The document containing the FHC’s order of interim injunction, with reference: FHC/L/CS/219/2022, indicated that the registered trustees of the Airline Operators of Nigeria were the plaintiff in the suit.
It named the four defendants to include Nigeria Air Limited – the first defendant; Ethiopian Airlines – second defendant; Senator Hadi Sirika (aviation minister) – the third defendant; and the Attorney-General of the Federation (Abubakar Malami) – fourth defendant.
Responding to the prayers of the plaintiff in the documents sighted on Tuesday, the court ordered 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 and operations of the 1st defendant by the 2nd defendant pending the determination of the motion on notice.
“That order of maintenance of status quo by all parties in this suit from taking any further step(s) about 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.”
On their part, domestic airlines alleged that the sale of shares of the proposed airline violated the Companies and Allied Matters Act, as well as that of the Securities and Exchange Commission.
