Monday, February 18, 2013

■ NIGERIA: Bi-Courtney wins its case against FAAN, Aviation Ministry over rights to Lagos General Aviation Terminal.

NigeriaBi-Courtney Aviation Services Limited (BASL), the current concessioner for Murtala Muhammed Airport Terminal 2 (MMA2), has won a court case against the Nigerian Ministry of Aviation  and the Federal Airports Authority of Nigeria (FAAN) over the concession of the General Aviation Terminal (GAT) terminal.

Murtala Mohammed Airport's General Aviation Terminal (GAT)
Murtala Mohammed Airport's General Aviation Terminal (GAT)
The ownership status of the GAT has been a huge bone of contention between the Federal Airports Authority of Nigeria (FAAN) and BASL since 2003 as the former argues that the GAT is an extension of the old gutted terminal where MMA2 is located, and was not part of the original concession to BASL, hence it has no rights to its operations.

BASL, however, claimed the FAAN ceded the development of the GAT to it, in addition to MMA2, on a Build, Operate and Transfer (BOT) basis upon the signing of its concession agreement with Bi-Courtney on April 24, 2003 to design, build and operate MMA2 and any other terminal in Lagos for 36 years for the firm to recoup its investment.

The decision of the Federal High Court, Abuja, delivered over the weekend read:
"They [FAAN] are therefore restrained, prevented or prohibited from operating scheduled flights in and out of Lagos State from any airport terminal other than MMA2 or an airport terminal owned/operated by the plaintiff [Bi-Courtney] during the concession period as stipulated in the Agreement."

Bi-Courtney, in its response to the ruling, stated that it was ready to take over the recently renovated General Aviation Terminal from FAAN, since the GAT "had been declared an integral part of the MMA2 concession by the decision of the Federal High Court in 2009".