The Nigerian Airspace Management Agency (NAMA) has grounded the aircraft of Arik Airlines over $2.5m debt owed Atlas Petroleum International Ltd.... CLICK TO READ THE FULL NEWS HERE▶▶
NAMA said the grounding of the aircraft follows a Supreme Court judgment in favour of Atlas Petroleum.
The agency disclosed the development in a statement signed by Director, Public Affairs and Consumer Protection, Alhaji Abdullahi Musa and obtained by THE WHISTLER on Tuesday.
The statement is titled, ‘Grounding Of Arik Aircrafts By The Nigerian Airspace Management Agency.’
NAMA said, “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 $2.5m owed by Arik Airline to one 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. All these were served on our agency and also on our Supervising Minister, the Minister of Aviation.”
NAMA said the records show that on the 8th day of March, 2016, the Judgment Debtor (ARIK) appealed the decision of the High Court of Lagos State entering judgment against it to the Court of Appeal and on 30th September, 2021.
But the appeal was dismissed by the Court of Appeal in a unanimous decision with cost, NAMA said.
The agency said, “ARIK again appealed to the Supreme Court for leave to appeal the decision of the Court of Appeal, and on the 9th day of January, 2024, the Supreme Court, per Okoro, J.S.C., delivered its Ruling dismissing the Judgment Debtor’s application for leave to appeal.”
According to NAMA, the judgment Creditor registered the Judgment of the Lagos State High Court in the High Court of FCT and On the 26th day of June, 2024, Justice O. A. Adeniyi, then sitting in Court 8, Maitama, Abuja) made an order after hearing Motion No: M/9785/2024 filed on behalf of Atlas Petroleum attaching all the moveable properties belonging to the Judgment Debtor, including the Judgment Debtor’s aircraft with Registration No: B737-700/ 5N-MJF, B737-800/ 5N-MJQ, DASH8-Q400 and 5N-BKX in satisfaction of the judgment debt.
NAMA said, “Copies of the Order and Certificate of Judgment were also served on us and the Minister. We understand too that Arik has obtained an exparte order stopping further execution of the order, though we have not been formally served. In the circumstances, since the first execution took place by attaching the aircrafts, further execution by way of sale can be halted whilst the parties go back to court to resolve the issues.
“However, in order to preserve the subject matter of the present dispute which are the aircrafts in question (the res), which have already been attached, we have decided to comply with the effect of the Supreme Court order, by grounding the aircrafts (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, Festus Keyamo being a Senior Advocate (SAN) understands the implication 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.
“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,” NAMA said.
Atlas Petroleum International is privately held and is registered in Nigeria. Stock in the companies is held by the Eze family, according to the company’s profile.
Arthur Eze is the company’s Chairman, according to the company’s profile.
