Arik Sue AMCON, NCAA Over Air Traffic Violation
Working ahead to free themselves from likely operational liabilities and air accidents, shareholders and directors of Arik Air Limited have dragged the Asset Management Corporation of Nigeria (AMCON) and the Nigerian Civil Aviation Authority (NCAA) before the Lagos Division of the Federal High Court, accusing the two agencies of mismanagement and air traffic laws violation.
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In their suit, the shareholders are asking the court to hold AMCON and NCAA responsible in the event of any air accident or other serious reparations in the airline’s operations.
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According to the court papers, indicating suit number FHC/L/CS//2017 and filed on March 27, 2017, the stakeholders are seeking, “A declaration that the defendants would be personally liable for any Air crash arising from non-compliance with the NCAA Act and regulations including any claims for compensation and criminal liability arising therefrom.”
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Coming about two months after AMCON took over management of Arik Airline, the suit is one of the numerous cases that have arisen between Arik and AMCON following an ex-parte motion at the Federal High Court.
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With the latest suit, Arik directors, Joseph Arumemi-Ikhide, Michael Arumemi-Ikhide and Engineer Sangowawa Olubiyi, accused AMCON of violating the nation’s air traffic laws, a development that could lead to avoidable air mishaps.
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In their submissions, the plaintiffs said, “Arik Aircraft are not receiving adequate and scheduled maintenance as well as regular supply of proper spare parts. Over 10 aircraft parked at the Arik Air hanger are not on a maintenance and storage program and thus the safety of passengers currently being ferried on board the aircraft cannot be guaranteed.” No date has been fixed for hearing on the matter.
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AMCON, which accused said Arik of being indebted to the tune of N300 billion, cited poor mismanagement on the part of the company’s owners, saying it assumed control of the troubled airline in order to reposition it for effective service delivery and operations.
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But the airline’s shareholders and management vowed to challenge the takeover. The Federal High Court is expected to rule on two pending applications that stemmed from the takeover in the coming weeks.