November 16, (THEWILL) – A Federal High Court sitting in Ikoyi, Lagos, has restrained the Federal Government of Nigeria from executing the National Carrier Agreement it signed with Ethiopian Airlines.
The court granted an “order of interim injunction, restraining the Federal government from executing the proposed or draft agreement of the establishment of a national carrier between Ethiopian Airlines and Nigeria.”
Justice A. Lewis-Allagoa, who granted the order on Friday, November 12, 2022, ruled that an Order of Maintenance of Status Quo by all the parties in the suit from taking any further step(s) in relation to the subject matter of the suit pending when the determination of the Motion on Notice is granted
About eight domestic airlines sued the Federal Government, listing Nigerian Air, Ethiopian Airlines, Minister of Aviation, Hadi Sirika, and the Attorney-General of the Federation, Abubakar Malami, as defendants.
Among other prayers, the airlines want the court to stop the national carrier deal and withdraw the Air Transport Licence already issued to Nigeria Air by the Federal Government/Nigerian Civil Aviation Authority.
They also claimed that the firm, which served as Transaction Adviser for the transaction, was incorporated in March last year and alleged that the company was linked to the aviation minister.
But the court in granting the ex parte order on Friday, also ruled that an Order of Accelerated Hearing of this suit has been granted.
“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 third and fourth defendants) and the strategic equity partner or giving effect to and or suspending the sale and transfer of the shares and operations of the first by the second defendant pending the determination of the Motion on Notice.
“That an Order of Maintenance of Status Quo by all the 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”, Justice Lewis-Allagoa ruled.
