Director General of the Nigerian Civil Aviation Authority (NCAA), Dr. Harold Demuren, has urged the Judges of the Federal High Court in Lagos not to garnishee its accounts in respect of decisions of its cases.
The Director General asked the Judges to look into many challenges the agency was currently facing, remarking that garnisheeing NCAA’s account would pose a great threat to the safety of lives and properties of millions of air travellers flying in the Nigerian airspace.
Demuren stated this on Monday in Lagos at the Aviation Law Seminar organised by the regulatory body in conjunction with Federal High Court of Nigeria and the McGill Varsity Montreal, Canada.
Demuren, who was represented by the Director of Aerodrome and Airspace Standard, Alhaji Haruna Lawal, said that the volume of litigations involving the NCAA was growing at an alarming proportion, and at that rate it may hinder safety.
He also said that the order to garnishee NCAA’s account by the court was done without due regard to the regulatory activities of NCAA and the overall implication of such an order on the ability of NCAA to safely conduct such activities.
He further affirmed that without funds, it would be difficult for NCAA to ensure safety in the aviation industry, adding that it could even lead to the agency’s inability to manage security at the airports as its oversight function.
According to Demuren, NCAA is not an aircraft operator or an airline and neither is it an airport operator, or an air traffic service provider and so should not be held liable for acts arising from the provision of services by aircraft operators and other aviation-allied services providers.
He said, “As such a situation where NCAA is held liable for acts arising from the provision of services at the airports by aircraft operators and air traffic services and other aviation allied services providers is highly detrimental to safety of air transportation.”
He said this amounts to a major drain of limited resources, which otherwise could be applied to safety critical issues.
He lamented that without funds to run the agency, NCAA would no longer be in a position to ensure the safe operation of aircraft operating the airspace and to carry out daily mandatory surveillance and safety inspection of flights and the flight crew, and the monitoring of airport security.
He called on the courts to resolve matters that affect NCAA and other aviation parastatals without necessarily resorting to garnishee orders which have devastating effect on the operations and safety of the industry.
According to him, the seminar was suitable as it would avail all parties the opportunity to rub minds on these and many other legal issues affecting the aviation industry and to share from experiences and practices in other jurisdictions.
He said, “I am therefore very confident that during these two days of brain storming, we will all acquire proper knowledge of the aviation industry, gain better understanding of legal issues and be better equipped to efficiently address any legal issues affecting the industry.
“This will no doubt enhance the development of aviation laws and thereby contribute in no small measure to the safety, security and economic advancement of the aviation industry in Nigeria,” he added.
Also speaking at the seminar, Chief Judge, Federal High Court, Justice Ibrahim Auta, appreciated the Director General for organising such a seminar.
He affirmed that it would afford the Federal High Court the opportunity to know more about aviation as such would help them in making good judgments and laws that would help in moving the industry forward.
He further noted that when you talk about technology that the aviation industry was the first to be reckon with, stressing that the industry was a global one.
“If you are talking about technology, aviation industry is the highest and as you know, it is only the Federal High Court that has jurisdiction in aviation matters and I think that NCAA is doing well they are organising this seminar for the first time.
“I think that the aviation industry is rising up to its responsibility and NCAA is walking on the right path in organising such a seminal like this so that we can understand each other and move ahead to make our country better both in the aviation industry and other aspect of our lives,” Justice Auta affirmed.
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