A week after Arik Air’s aircraft were grounded, the Federal Government has lifted the suspension on the airline’s operations.
The Director of Public Affairs and Consumer Protection at
the Nigerian Civil Aviation Authority (NCAA), Michael Achimugu, disclosed this
in a Wednesday statement on X.
He stated that the dispute between Atlas Petroleum and Arik
Air, which necessitated the grounding of the airline’s operations, has been
resolved.
“The Honourable Minister of Aviation and Aerospace
Development, Festus Keyamo SAN, and the DG of NCAA, Capt. Chris Najomo has
successfully resolved the impasse between Arik Air and Atlas Petroleum,” he
said.
“By this resolution, Arik Air will begin operations today.
The priority of the Minister and the NCAA remains to ensure safe and secure air
travel for all passengers. Arik Air passengers are currently checking in for
scheduled flights.”
On June 30, the Minister of Aviation and Aerospace
Development, Festus Keyamo, issued a directive for the immediate suspension of
Arik Air’s aircraft operations.
The Minister did not provide any specific reasons for this
decision.
However, the Nigerian Airspace Management Agency (NAMA)
subsequently clarified that the suspension was the result of an order issued by
the enforcement department of the FCT High Court. This order was related to an
outstanding debt of $2.5 million owed by Arik Air to Atlas Petroleum
International Ltd.
It said, “On the 19th day of July 2024, the enforcement
department of the FCT High Court enforced an Order made by the Court regarding
a debt of $2.5 million owed by Arik Airline to one Atlas Petroleum International Ltd. by
attaching their aircraft. Arik was further given a notice of a Public Auction
of the planes by the Court which was slated to be held on the 26th day of July
2024 if they fail to pay the Judgment debt. All these were served on our agency
and also on our Supervising Minister, the Minister of Aviation.
“The records show that on the 8th day of March 2016, the
Judgment Debtor (ARIK) appealed the decision of the High Court of Lagos State
entering judgment against it to the Court of Appeal and on 30th September 2021,
the appeal was dismissed by the Court of Appeal in a unanimous decision with
cost.
“ARIK again appealed to the Supreme Court for leave to
appeal the decision of the Court of Appeal, and on the 9th day of January 2024,
the Supreme Court, per Okoro, J.S.C., delivered its Ruling dismissing the
Judgment Debtor’s application for leave to appeal.
“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.
“We understand too that Arik has obtained an exparte order
stopping FURTHER EXECUTION of the order, though we have not been formally
served. In the circumstances, since the first execution took place by attaching
the aircraft, further execution by way of sale can be halted whilst the parties
go back to court to resolve the issues. However, in order to preserve the
subject matter of the present dispute which are the aircraft in question (the
res), which have already been attached, we have decided to comply with the
effect of the Supreme Court order, by grounding the aircraft (subject of
dispute) so that they are not taken out of the jurisdiction of the court or
tampered with in a way as to frustrate the courts.
“Furthermore, the Minister, being a member of the Inner Bar
himself understands the implication of the Supreme Court Order dismissing the
motion for leave to appeal and will not risk his license as a legal
practitioner or his privilege as a Senior Advocate of Nigeria by engaging in
acts that will frustrate an order of the Supreme Court of Nigeria.
“The parties to the dispute are encouraged to resolve their
issues as quickly as possible so that the
Arik aircraft in question can resume flight operations.”