NCAA confirms declining Nigeria Air’s request for Phase 2 of AOC certification

Barely a week after the controversial Hadi Sirika bowed out of office as Nigeria’s Minister of Aviation, last Monday, May 29, the Nigerian Civil Aviation Authority (NCAA) has revealed a letter confirming its declining of a request by the minister for approval of the next stage of the Air Operating Certificate (AOC) for the embattled Nigeria Air project.

Amid claims that the former minister was arm-twisting heads of aviation agencies, in particular, the NCAA into approving the next stage of certification for Nigeria Air from its Stage One level, the NCAA declined the request for professional reasons backed by the International Civil Aviation Organisation (ICAO) laid down industry standard and regulations.

While still on Stage One of its AOC certification, Sirika moved ahead to officially commission the Nigeria Air, as a private limited company with a 49 per cent equity stake held by the Ethiopian Airlines, and the federal government controlling five per cent, with the rest with private firms.

At an elaborate ceremony, penultimate Friday, the Minister had organised an inauguration gathering which drew dignitaries including Ethiopian Airlines top executives alongside government functionaries, as he announced that the Nigeria Air project is officially launched.

A Boeing 737-860 Max type aircraft painted in Nigeria Air livery was also on hand at the launch.

“Nigeria Air Limited has come to stay and, is a Public Private Partnership between Nigeria and Ethiopian Airlines which we hope will restore the glory of the Aviation Industry to meet international standards.

“Right now processes have commenced for the aircraft to start Operation domestically as time goes on, we are expecting thirty-five aircraft more in the next five years to operate all over the world as Nigeria Air Limited,“ Sirika explained, adding that 30 aircraft are expected to form the fleet of Nigeria Air in the next five years. However, only one aircraft has arrived. And that one was not even a Nigeria Air aircraft but an Ethiopian Airline registered plane.

The minister insisted that the national carrier would be private-sector driven with the Federal Government holding just a 5% stake while private owners would hold the remaining 95% share in the new airline.

However, details later emerged that the Nigeria Air is still at Stage One of its certification, with four more stages left. Furthermore, the Nigeria Air aircraft showcased as part of the fleet of the airlione, in fact still belonged to Ethiopian Airlines.

Meanwhile, a letter has emerged disclosing that the NCAA declined the progression of certification for Nigeria Air from Stage One to Two for lacking appropriate documentation necessary for progression to the next stage.

According to the NCAA in its response to the Managing Director of Nigeria Air, who had sought to inquire about an earlier request for state of certification of the airline, the latter’s proposal letter ‘has no inclusion of a Formal Application Form the necessary documents referenced  in the Formal Application Form,’ which is considered mandatory for progression in certification.

The refusal by the NCAA is contained in a letter titled, “Re: Request to Proceed to Phase Two of AOC Certification”  dated June 2,2023 with reference number NCAA/DOLTS//GEEN/Vol. III/16123, addressed to the Managing Director  of Nigeria Air  and signed by Capt. O.O Lawani for the Director General of NCAA.

The letter to the Managing Director of Nigeria Air, was in response to the one earlier written by the imaginary airline

“The authority is in receipt of your letter dated 25th May 2023 on the above matter.

“Quite contrary to our earlier letter of 16th May 2023 which enumerated the documents to be submitted with Formal Application Form OPS 002, your letter of request to proceed to phase two has no inclusion of a Formal Application Form the necessary documents referenced  in the Formal Application Form. Hence, the Certification process cannot progress to Phase Two without these required documents.

“Please be reminded that your Post Holders letters of commitment to Nigeria Air has tenure of three months and as such expire now.

“Accept the assurances of our highest regard,” the letter read.

To be granted AOC by the NCAA, an airline must undergo five processes, which include: Phase 1 – Pre-Application Phase; Phase 2 – Formal Application Phase; Phase 3 – Document Evaluation Phase; Phase 4 – Demonstration and Inspection Phase; Phase 5 – Certification Phase.

However, as at the time of official launch of Nigeria Air by Sirika, the proposed airline was still at Stage One.

An AOC is not the same as an Air Operating License (AOL) which gives the airline the permission to operate its aircraft on the country’s airspace.

The Nigeria Air project has cost Nigeria several billions of Naira from logo design in the Middle East to name registration, even as it is yet to have its own domain website for a company that has cost a fortune to get off the ground.

Describing Sirikia’s latest attempt to launch the Nigeria Air project as a ‘hurried last minute desperation,’ the Airline Operators of Nigeria (AON), listed grounds to fault the minister’s action to include that, the Nigeria Air project is yet to obtain the full certification of NCAA license to fly, as it is only at the first stage of approval.

The group also noted that a subsisting court injunction prevents the minister with the project, as, according to them, Sirika is facing court contempt if he continues with the national carrier promotion.

AON spokesman and Chairman of the United Nigeria Airlines, Prof Obiora Okonkwo said that all the statements and actions of Sirika ‘are in flagrant disobedience of the orders of the Federal High Court of Nigeria which halted the said moves by the Minister to float the said airline until the determination of the substantive suit brought by AON against it.’

“We make bold to respond because of the myriad of inquiries from concerned and patriotic Nigerians and industry stakeholders who have either called or sent messages over the Minister’s comments.

“For the avoidance of doubt, AON welcomes the establishment of more airlines in Nigeria for we believe that the skies are big enough to accommodate all. However, AON is against any contraption that is shadowy and not in the best overall interest of the country.

“We need the outgoing Minister to come forward, defend and counter the very damning submissions in our suit.

“Again, it is very disturbing that a Minister is desperately hoodwinking the entire nation into accepting a massively flawed process just 72hours to the end of his 7-year tenure in office as Minister of Aviation, even as the courts have halted him,” AON wondered.

Aside allegedly arm twisting the Nigerian Civil Aviation Authority (NCAA) into fast-tracking the process of issuance of the Airline Operators Certificate (AOC) for Nigeria Air, which is still at the Stage One, with four more stages to go, minister attempted to bulldoze his way through court orders halting the project.

According to Okonkwo, the Federal Government should understand that ‘the actions and pronouncements of this Minister is not only impugning on the independence and integrity of the NCAA, but also capable of bringing the entire industry into disrepute thereby adversely affecting the ratings of Nigeria’s airlines on the global stage.’

However, according to investigators who probed the aircraft which landed at the Abuja airport, last Friday, May 26, 2023, the Nigeria Air plane is a Boeing 737-860 Max type aircraft, with Registration Number ET-APL. Aircraft Mode: S Q4005C with Serial Number: 40965/4075.

The plane is said to 10 years, 8 months of age, having flown on its maiden flight on 22nd June 2012 as an Ethiopian Airlines aircraft and then later it became a part of Malawi Airlines fleet on 16th February 2014.

It was re-leased to Ethiopian Airlines on 12th August 2015, before it landed in Nigeria on 26th May 2023 in Nigeria Air livery without changing ownership.

The aircraft is said to be Active in status, with its last activity: 4 hours ago, and Last known location: Abuja, in Nigeria.

Investigative journalist, David Hundeyin, disclosed recently that the Nigeria Air Boeing 737-800 aircraft commandeered by Sirika from Ethiopian Airlines ‘has had its hurried wrap job removed and is now back in regular service for @flyethiopian on its usual Addis Ababa- Mogadishu route – the same route it flew as recently as last week before being ‘commissioned’ in Abuja by @hadisirika.’