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Court Sets New Date To Decide Nigeria Air's Fate

The Federal High Court in Lagos has issued an injunction order pending the outcome of the Motion on Notice filed by the Airline Operators of Nigeria (AON) to stop the proposed national carrier, Nigeria Air. The move is part of the ongoing controversies surrounding the Federal Government's move to launch a new national carrier.


The case Suit FHC/L/CS/2159/2022 regarding the prospective national carrier was scheduled to be heard on February 13, 2023. The Federal High Court had previously granted an Order of Interim Injunction prohibiting the proposed National Carrier, Nigeria Air, from being implemented. The Honourable Justice A. Lewis-Allagoa made the adjournment after hearing arguments from counsel for the Plaintiff and the Defendants.

”The Court after careful consideration of the application and submission of counsel, at this moment ordered as follows: ”That an Order of Interim Injunction is granted restraining the Defendants either by themselves, agents, privies, Principals or any other persons whosoever from the draft the proposed executing “National Carrier Establishment and Agreement Between the Federal Government of Nigeria (represented by the 3rd and 4th Defendants) and the strategic equity partner (the 2nd Defendant) or giving effect to and or suspending the sale and transfer of the shares & operations of the 1st Defendant by the 2nd Defendant pending the determination of the Motion on Notice.”

“That an Order of Maintenance of Status Quo by all parties in this suit from taking any further step(s) about the subject matter of this suit pending the determination of the Motion on Notice is granted. That an Order of Accelerated Hearing of this suit is granted.”

Six indigenous airlines in Nigeria have filed a lawsuit in Abuja's High Court against the federal government and Ethiopian Airlines. Azman Air Services Limited, Air Peace Limited, Max Air Limited, United Nigeria Airlines Company Limited, and Topbrass Aviation Limited, Nigerian airline operators, filed the lawsuit on their behalf. The case hearing date initially set for February 13 has been moved to January 16 in 2023.

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