The Nigerian Airspace Management Agency (NAMA) has grounded Arik Airlines aircraft due to an unpaid $2.5 million debt to Atlas Petroleum International Ltd., as ordered by the court.
The agency announced this in a statement by NAMA’s Director of Public Affairs and Consumer Protection, Mr. Abdullahi Musa, on Tuesday.
NAMA said that this action was taken in accordance with an enforcement order from the Federal Capital Territory High Court on July 19, 2024, which authorized the attachment of Arik’s aircraft to recover the debt.
The statement partly reads: “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 Atlas Petroleum International Ltd by attaching their aircraft.
“Arik was further given a notice of public auction of the planes by the court, which was slated to hold on the 26th day of July 2024 if they fail to pay the judgment debt.”
The legal dispute originated on March 8, 2016, when the Lagos State High Court ruled against Arik Airlines, and subsequent appeals to the Court of Appeal and Supreme Court were unsuccessful, with the final dismissal occurring on January 9, 2024.
The statement said: “The Supreme Court, per Okoro, J.S.C., delivered its ruling dismissing the judgment debtor’s application for leave to appeal.”
Subsequent to the legal proceedings, the judgment creditor registered the judgment in the High Court of the FCT, leading to Justice O. A. Adeniyi’s order on June 26, 2024, to attach Arik’s movable assets, including multiple aircraft, with copies of the Order and Certificate of Judgment served on NAMA and the Minister.
Despite obtaining an ex-parte order to halt further execution, Arik Airline has yet to formally serve NAMA.
As a result, NAMA has decided to ground the aircraft in order to preserve the dispute’s subject matter.
The statement said: “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.”
NAMA said: “The Minister, being a member of the Inner Bar himself, understands the implications 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.
“NAMA calls on the parties involved in the dispute to settle their issues promptly, enabling the grounded Arik aircraft to return to service.
“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.”
In response to the situation, the Federal Airports Authority of Nigeria (FAAN) has introduced measures to assist passengers affected by Arik Airline’s grounding.
In a statement shared on their X account, FAAN acknowledged the situation, stating: “We are aware that Arik Airline’s operations have been suspended due to ongoing legal disputes with their creditors.
“The Authority has instructed all airport managers across the country to assist the affected passengers as Arik Airline works out plans to rebook and transfer passengers to other available flights.”
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