NCAA urges judiciary to wade into legal challenges

By Kelvin Osa- Okunbor Thenationonlineng.net


Director-General of the Nigeria Civil Aviation Authority (NCAA) Harold Demuren  yesterday called on judges of the Federal High Court to look into the  legal challenges the authority is grappling with in its quest to  sustain safety in the aviation sector . 

Speaking at a Two-Day Aviation Law Seminar for judges of the Federal High Court, Demuren said the volume of litigation involving the NCAA is raising concerns. 

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. 

Demuren 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 as it amounts to a major drain of limited resources which otherwise could be applied to safety in critical issues.” 

He lamented that without funds to run the agency, NCAA can no longer ensure the safe operation of aircraft operating in 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 effects on the operations and safety of the industry. 

Demuren said: “I am therefore very confident that during these two days of brainstorming, 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.” 

Chief Justice of the Federal High Court Justice Ibrahim Auta said the seminar was apt and that the High Court has constituted a committee to review aviation laws and civil aviation laws.