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DEFINING A NATIONAL SELF INTEREST-LESSONS FROM A BASA AGREEMENT GONE SOUR

By Tunde Adeniji

The DG NCAA Captain Musa Nuhu recently issued a Press release, conveying the decision of the Honourable Minister of Aviation Sen. Sirika Hadi to replace the operating schedule approval for 21 frequencies/week given to Emirates airlines with 1 weekly Frequency. He had relied on the spirit and letter of the Bilateral Services Agreement (BASA) between the two countries in responding to the single slots weekly offered to Air Peace at Sharjah Airport. The DG’s letter ended with his assurance to members of the public that national interests in all Aviation matters will be jealously protected.

The Aviation Policy and Strategic group discussed the fallout from this decision exhaustively, deconstructing the issues involved, even as its erudite members put forward many good suggestions about how to proceed. The engagements have been rich and enlightening and our intention in contributing to this discourse is to focus on the need to define a National Self Interest in a robust policy framework to guide future BASA/external Aviation relations engagements.

This need is justified based on our experience as a Nation which seems to suggest that we may be haunted yet again by the many decision makers who fell into the trap described below by Jon Moen:

“People who are managing a (financial or economic) crisis are not immune from personal motivations…Sometimes the people in charge don’t know at first that their personal motivations and past experiences might not be compatible with what is best for the greater good.”

We view National Self Interest ‘’As the overriding purpose governing the state’s relationship with the outside world, it serves two purposes. It gives policy a general orientation towards the external environment. More importantly, it serves as the controlling criterion of choice in immediate situations. The dominant view of national interest, in other words, dictates the nature of a state’s long-term effort in foreign policy and governs what it does in a short-term context’’.

The concept of Bilateral Air Services Agreement (BASA) is the outcome of the compromise between the Open Skies advocacy of the US and the strong opposition by the UK and European countries, as a protection from their inability to compete with the formidable dominance of the US in post WW2 world. The delegates at the Chicago convention therefore agreed to a regime that allowed every country complete and exclusive sovereignty over its airspace with the provision that permissions were to be negotiated between contracting states on a bilateral basis. There are at least three different models of BASA, with varying levels of liberality, as may be agreed by the parties to it. We may therefore consider is a contract that should be mutually negotiated like any other

Slots on the other hand ‘’is the most emotive subject in civil aviation. It is the approval from an appropriate authority to take off at a particular time at one airport and land at its destination at another time. The difficulty arises in so called coordinated airports i.e., congested airports where there are severe capacity limits at certain times of the day. It subsequently dictates the difference between operating a route or not’’-D.H. Bunker

The Adam Smith model of Self-interest as the motivator of economic activity with competition as regulator to ensure the market runs efficiently without intervention, is situated below:

“It is not from the benevolence (kindness) of the government (of UAE), Its flag carrier (Emirates), or Airport (Sharjah) that we expect access to Air Peace, but from their regard to their own interest.”

It is important to state at the outset that the self-interest we advocate is (in the words of Lauren Hall) consistent with the demands of justice and becomes the germ from which virtuous, fair behaviour grows, to drive the larger economic engine of society.

In clear economic terms slots represents a barrier to entry and airlines awarded slots benefit from an economic rent. A system established to ensure stability has slowly become the property of the airlines. Slots are sold at a remarkable premium or used as a tool to exert unfair competitive pressures. It has been reported that many European countries who oppose the sale of slots, do so on the principle that, a private firm cannot benefit from a public good (Mackay 2008)

The decision to operate slot system or not remain those of the relevant airport and can be considered “its own internal cuisine‘’ just as ‘’A country’s motivation is its own concern, but the righteousness of its actions is the concern of all’’.

Nigeria like other states deliberately follow certain policies in pursuit of their national interest. The current face off with UAE, shows clearly that we have been a bit too eager to give than to receive or at least gave out before we received.

Our BASA is seemingly driven by the needs and ease of other countries. We have offered multiple entry points to countries, even where our own carriers have faced issues with slots for decades. These incongruities have never been convincingly explained to operators and other stakeholders

We have a unique opportunity to review our thinking and position in this area, especially as our slow adoption of Single African Air Transport Market (SSATM) and African Continental Free Trade Areas (AfCFTA) is totally in sharp contrast to our rush to embrace these dominant international brands

Our policies can start by ensuring that the investment by Nigerian carriers is complimented by access to the best of our facilities as no other country will ever offer them same.

A crisis, they say, is a terrible thing to waste, and so we suggest  that the minimum positive outcome from this saga should be a comprehensive policy paper that will spell out in clear terms, how Nigeria will take actions that will reduce to the barest costs and increase to maximum  benefits its engagements to further our National Aviation Interests.

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Private Jets Operating Commercial Services to Lose Licences – NCAA DG

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The Acting Director-General of the Nigeria Civil Aviation Authority (NCAA), Captain Chris Najomo has warned that all private jet operators operating commercial charter services risks loosing their licenses.

He gave the warning in Lagos on Friday during the media unveiling of his vision board for year 2024 tagged NCAA Project 2024.

The Ag.DG, who expressed concern over the illicit activities of illegal private jet operators in the country, said if private jets wants to operate as commercial or charter operators, they should apply for the commercial licences.

Highlighting the regulatory provisions, Najomo noted that only holders of Air Transport Licence (ATL) and Airline Operating Permit (AOP) with a valid Air Operator Certificate (AOC) are authorized to conduct charter operations.

He also stated that NCAA will cease offering services to all debtors, who have refused to payment the NCAA and federal government monies owed them, noting that almost all airlines are guilty of this.
Nigerian airlines are currently indeed to NCAA in billions of naira.

He also said the NCAA is committed towards simplified certification and licensing processes as this will ensure ease of doing business.

Najomo further stated that one of his 2024 projects is to Ensure improved staff welfare, training, retraining and reorientation of staff.

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NDLEA Arraigns SAHCO Manager, 7 Staff For Aiding Drug Trafficking

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An Assistant General Manager of Skyway Handling Company (SAHCO), Olajide Ahmed Kafidipe, and seven other staff of the company, were today, arraigned before a Lagos Federal High Court, on charges bordering of conspiracy, unlawful importation and possession of 1, 440.90 kilograms of Tramadol.

Olajide and others were arraigned before the court presided over by Justice Deinde Isaac Dipeolu, by the National Drug Law Enforcement Agency (NDLEA).

The seven staff of the company arraigned alongside Olajide were; Sanyaolu Rasheed Oladele; Musa Mutalib Opeyemi; Sanamo Alla Daniel; Anuge Evans Isibor; Mahmud Agboola Musa; Udeh Felix and Obinna Henry.

The prosecutor, Mr. Abu Ibrahim, while arraigning the SAHCO staff, told the court that all the defendants conspired with the trio of Mubarak Sarki Salami, Abdullahi Aliyu a.k.a Aboki and Anwal Monday, who also staff of the company but now at large, to commit the offences on or about October 25, 2023.

The prosecutor, Mr. Ibrahim further told the court that the Assistant General Manager of SAHCO, Olajide and other staff of the company, conspired amongst yourself to transport 1, 440.90 kilograms of Tramadol 225mg, a Narcotic, from SAHCO Import Shed.

The prosecutor also told the court that the SAHCO’s Assistant General Manager, Olajide, conspired with Sanyaolu Rasheed Oladele, and procured one Lawal Itunu Temitope, to transport the prohibited substance from SAHCO Import Shed in a Mercedes Benz Bus with Registration Number LAGOS MUS 269 YC, belonging to Platinum Pacific International Limited.

He further informed the court that another staff of SAHCO, Sanyaolu Rasheed Oladele, unlawfully possessed the said 1, 440. 90 kilograms of Tramadol 225mg, a Narcotic Analgesic.

The prosecutor told the court that the offences committed by the defendants, contravened sections 14 (b), 21 (2)(d) and 20 (1)(c) of the National Drug Law Enforcement Agency Cap. N30, Laws of the Federation of Nigeria, 2004. And punishable under sections 11 (b) and 20 (2)(b) of the same Act.

All the defendants denied the allegations and pleaded not guilty to the charges.

Following their not guilty plea, the prosecutor asked the court for a trial date and also urged the court to remand them in the custody of the Nigerian Correctional Services (NCoS), till the hearing and determination of the charge.

However, lawyers to the defendants, told the court that they have filed their clients’ bail application except that of the Assistant General Manager, Kafidipe Ahmed Olajide and Obinna Henry.

The lawyer therefore asked the court for a short date, to enable them file the bail applications for the duo.

With the development, the prosecutor, Mr. Abu Ibrahim, urged the court to remand all the defendants in NCoS’ custody till when the court will hear their bail applications.

But the trial judge, Justice Dipeolu, in his reasoning, order the operatives of the NDLEA to call their Airport Commander, to allow the defendants to be remanded in their custody till tomorrow, January 17, when their bail applications will be heard and determined.

Upon the complied with the court’s directive, which was granted by the Commander, the court ordered the remand of all the defendants in NDLEA till tomorrow, while adjourned to January 24, 2024, for the commencement of their trial.
Source: Ontimenews.com

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Tinubu Sacks Heads of Aviation Agencies, Asks EFCC to Investigate NCAA’s Financial Transactions

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In a move that has caught stakeholders in the Aviation sector unawares, President Bola Tinubu has approved the suspension, removal, and replacement of Chief Executive Officers under the Federal Ministry of Aviation and Aerospace Development

The Special Adviser to the President Media & Publicity, Ajuri Ngelale who made this known in a statement on Wednesday, said the leadership change is in line with the President’s determination to bring world class standards to Nigerian Civil Aviation in consumer protection and the promotion of the wellbeing of Nigerian passengers and other sectoral stakeholders.

Ngelale announced that the Managing Director of the Federal Airports Authority of Nigeria (FAAN), Mr. Kabir Yusuf Mohammed has been removed from office and replaced with Mrs. Olubunmi Oluwaseun Kuku as the substantive Managing Director of the Federal Airports Authority of Nigeria.

Also, the Managing Director of the Nigerian Airspace Management Agency (NAMA), Mr. Tayib Adetunji Odunowo has been removed from office and replaced with Engr. Umar Ahmed Farouk as the substantive Managing Director of the Nigerian Airspace Management Agency.

The Director-General of the Nigerian Safety Investigation Bureau (NSIB), Engr. Akinola Olateru has been removed from office and replaced with Mr. Alex Badeh Jr. as the substantive Director-General of the Nigerian Safety Investigation Bureau.

The Director-General of the Nigerian Meteorological Agency (NIMET), Prof. Mansur Bako Matazu has been removed from office and replaced with Prof. Charles Anosike as the substantive Director-General of the Nigerian Meteorological Agency.

He further noted that the Rector of the Nigerian College of Aviation Technology (NCAT), Capt. Alkali Mahmud Modibbo has been removed from office and replaced with Mr. Joseph Shaka Imalighwe as the Acting Rector of the Nigerian College of Aviation Technology (NCAT), pending the appointment of a substantive Rector, in accordance with Section 13(2) of the Nigerian College of Aviation Technology Act, 2022.

Meanwhile, Ngelale announced that the Director-General of the Nigeria Civil Aviation Authority (NCAA), Capt. Musa Shuaibu Nuhu has been suspended from office to enable the Economic and Financial Crimes Commission (EFCC) to conduct an unfettered investigation into the activities of the suspended Director-General and other senior officials in the Nigeria Civil Aviation Authority, adding that Capt. Chris Najomo assumes office as the Acting Director-General of the Nigeria Civil Aviation Authority immediately.

“Furthermore, President Bola Tinubu approves the commencement of a diligent process to be conducted by the Minister of Aviation and Aerospace Development to recruit a substantive Vice-Chancellor and other principal officers of the African Aviation and Aerospace University (AAAU).

“The President anticipates that the new leadership across this critical sector will uphold the safety, convenience, and comfort of the Nigerian people as primary and sacrosanct in all of their administrative activities.

“Due to the high cost of underperformance in the sector, the President demands the immediate establishment of world-class policy design, implementation, and regulatory frameworks to reposition the sector in alignment with his Renewed Hope Agenda.

“All of the above-mentioned directives of the President take immediate effect”, he concluded

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