Festus Keyamo, the Nigerian Minister of Aviation, on August 1, 2024 delivered a crucial ultimatum to the government of the United Kingdom concerning landing slots at London Heathrow Airport for the Nigerian airline, Air Peace. The minister asserted that should Air Peace not receive the requested slots, British Airways and Virgin Atlantic could encounter possible limitations on their access to Nigeria's primary international entry points in Lagos and Abuja.

The minister's caution is articulated in a correspondence addressed to UK Transport Secretary, Louise Haigh, and underscores Nigeria's increasing resolve to secure equitable treatment for its airlines on the international front.

This assertion highlights that Nigeria's aviation industry can no longer be overlooked in significant global markets, particularly as Air Peace has been compelled to operate flights to Gatwick Airport.

Keyamo's position indicates Nigeria's willingness to assert its rights, advocating for reciprocity in international aviation agreements and firmly opposing what is viewed as inequitable access to profitable routes.

Should this initiative be implemented, it has the potential to disrupt the established operations of British Airways and Virgin Atlantic, two leading international airlines serving Nigeria. Central to this matter is Nigeria's pursuit of fairness and access to competitive markets, a challenge that Air Peace, one of the nation's foremost carriers, has encountered in its efforts to secure operational rights at one of the busiest airports worldwide.

Keyamo informed his UK counterpart that granting Air Peace access to Gatwick Airport constitutes a clear infringement of the Bilateral Air Services Agreement (BASA) between the two nations, which advocates for reciprocal rights for airlines. He pointed out that while British airlines benefit from unrestricted access to Nigeria's primary airports in Abuja and Lagos, Air Peace has struggled to acquire slots at Heathrow.

He called for prompt action to address this disparity, cautioning that Nigeria will not accept the unjust treatment of its national airline.

The UK government has not responded

An inquiry was made to the UK’s Transport Secretary to confirm whether she has received Keyamo’s letter and to ascertain the UK government's plans for addressing the dispute. In reply, her researcher, Mr. Henry Smith, communicated via email that the Daily Sun’s inquiry has been forwarded to the Department of Transport.

Subsequently, the Daily Sun submitted a Freedom of Information request to the UK’s Department of Transport, which acknowledged receipt and indicated that a response would be provided in due course.

Additionally, the Minister’s office was contacted to check if there had been any feedback from the UK government regarding the matter, and his Special Adviser on Media, Tunde Moshood, stated that no response has been received thus far.

Allocation of airport slots

In response to the requests outlined by the Minister in his correspondence, Daily Sun undertook an investigation into the concerns raised. The publication examined the 38-page Nigeria-UK Bilateral Air Services Agreement (BASA) established in 1988, which remains administratively effective, and uncovered a notable oversight: the lack of provisions concerning airport slot allocation. While the agreement clearly delineates the aspect of flight frequencies, it fails to address airport slot allocation.

Since the agreement’s inception in 1988, there have been no revisions to the regulations. The omission regarding airport slot allocation may be attributed to the absence of slot scarcity at the time the agreement was formulated.

The management of slot allocation at Heathrow Airport is overseen by Airport Coordination Limited (ACL), an independent entity that operates without government intervention and adheres to the guidelines set forth by the International Air Transport Association (IATA).

An industry stakeholder, who requested anonymity, corroborated Daily Sun's findings, indicating that the Nigeria-UK BASA specifies city destinations rather than individual airports.

The stakeholder noted that Heathrow cannot be explicitly referenced in the agreement due to its exclusion from the Department of Transport's jurisdiction, and emphasized that, given the UK government's non-involvement in airport slot allocation, Air Peace must tackle this matter independently.

The Bilateral Air Services Agreement (BASA) specifies city destinations rather than specific airports. In the case of the United Kingdom, this implies that a bilateral agreement will never explicitly mention Heathrow Airport, as it falls outside the purview of the Department of Transport. The UK government is not involved in airport slot allocation, placing the responsibility on Air Peace to address this matter. The political landscape surrounding this issue is intricate. It is an undeniable fact that Nigerian airlines that operated in London have accumulated significant debt and still owe substantial sums to UK airports. By failing to recognize the reality of our situation and acknowledging our own shortcomings in fully utilizing the BASA, we are not doing ourselves any favors,” the stakeholder remarked.

In 2008, a review of the Bilateral Air Services Agreement (BASA) was conducted, which permitted multiple airlines from each participating country and allowed for a significant number of weekly flights. Both the United Kingdom and Nigeria are permitted to designate up to four airlines each, with a limitation of 21 passenger flights per week in each direction.

UK airlines can operate between any points in the UK and the Nigerian cities of Abuja, Kano, and Lagos, while Nigerian airlines can fly from any location in Nigeria to London. Although UK carriers have fully utilized these provisions, Nigeria's lack of a national airline has considerably restricted its ability to benefit from this arrangement. To mitigate this issue, domestic airlines are frequently designated as 'flag or national carriers' to meet the requirements of these agreements, as seen in the case of Arik Air.

Furthermore, the 2003 International Civil Aviation Organization (ICAO) conference underscored the increasing significance of airport slot management due to capacity limitations at major airports.

The conference advocated for the resolution of slot-related challenges and recommended prioritizing countries with airports that are not constrained by slot limitations. It emphasized that any slot allocation system should adhere to principles of fairness, non-discrimination, transparency, and consideration of stakeholders.

Path ahead

According to industry experts, the minister's correspondence with his UK counterpart represents a significant and assertive action. They contend that restricting Air Peace's operations to Gatwick, while allowing British airlines access to both Lagos and Abuja, undermines the commercial sustainability and competitive edge of the Nigerian airline. Nonetheless, they emphasize the necessity of a cooperative strategy involving the aviation authorities of both nations, Heathrow Airport, and Air Peace to effectively address this matter.

Aviation specialist Amos Akpan noted that although potential disruptions for travelers and businesses are a valid concern, the Minister's initiative seeks to create a more equitable environment and promote fair competition between Nigerian and British airlines. In contrast, Alex Nwuba highlighted that securing Heathrow slots for Air Peace is vital for the advancement of the Nigerian aviation sector.

Akpan further remarked that the Minister's suggestion to shift British Airways and Virgin Atlantic operations away from Lagos and Abuja warrants careful evaluation due to its possible repercussions. He recommended the formulation of contingency plans to manage the diplomatic strains that may arise from such a decision.

Additionally, he stressed the importance of developing strategies to alleviate the inconvenience for passengers and businesses connecting to destinations beyond London Heathrow.

The Minister of Aviation is acting within his authority by addressing the UK Secretary of State for Transport, indicating that British Airways and Virgin Atlantic may be barred from operating flights to Lagos and Abuja unless Air Peace is allocated slots at Heathrow. He presents a compelling argument, as the traffic to Lagos and Abuja serves as a significant leverage point that could disrupt operations for both British Airways and Virgin Atlantic on this route. Furthermore, it is the traffic at Heathrow that is essential for Air Peace to establish commercial viability on this route.

The optimal course of action would involve a meeting between the UK Civil Aviation Authority, the Nigerian Civil Aviation Authority, Heathrow Airport Coordination Limited, and Air Peace to collaboratively devise solutions. At the very least, this may incur additional financial burdens in the short term. Restricting Air Peace to Gatwick while allowing British Airways and Virgin Atlantic to operate from Heathrow undermines the principles outlined in the Bilateral Air Services Agreement (BASA) between the UK and Nigeria. Such limitations on Air Peace's operations at Gatwick adversely affect its potential for commercial success on the London route and hinder its competitiveness against British Airways and Virgin Atlantic. Reciprocity is a fundamental tenet of the BASA. If the BASA does not explicitly designate Heathrow, Lagos, and Abuja as the primary entry points for carriers between the UK and Nigeria, the Minister may consider reallocating flights to other airports in Nigeria.

This course of action could lead to undesirable outcomes, such as diplomatic tensions. The most significant impact may be felt by travelers and traders who rely on London Heathrow as their primary gateway and transit point. However, they are the very stakeholders for whom this struggle is being undertaken. The Minister's actions are likely to exert pressure on British aviation authorities, compelling them to encourage Heathrow's slot coordinators to allocate slots for Air Peace, as noted by Akpan.

Nwuba expressed to Daily Sun that the Minister's initial public threat to relegate British Airways to a lesser airport was a tactical error that could foster a negative environment for productive discussions. Nevertheless, he believes that the Minister can still achieve his objectives through perseverance and must adopt a resolute position, as the UK may take a hardline approach in negotiations.

The Minister can achieve his objectives through persistence and unwavering determination, but he must remain steadfast in his approach. The United Kingdom will likely adopt a similarly firm stance, recognizing the significance of Nigeria as a key market for its carriers. However, it would have been more prudent to avoid initiating discussions with the public threat of relegating British Airways to a lesser airport, as this sets an unfavorable tone for constructive negotiations,” he advised.