Legal Framework Questioned
The Airline Operators of Nigeria (AON) claim that the engagement of Naebi Dynamics Concepts landing levy did not follow due process. Furthermore, it asserted that there is no legal framework supporting the $300 “Landing and Take-off Fee” imposed on helicopter operators in Nigeria.
The Airline Operators of Nigeria (AON) asserts the firm’s engagement did not comply with the Public Procurement Act’s requirements. AON revealed, “The engagement of Naebi Dynamic Concepts Limited did not follow due process and did not comply with the Public Procurement Act.”
Contrary to the Ministry’s assertions of 13th May 2024, neither NCAA nor FAAN is a party to the MoU between NAMA and Naebi Dynamic Concepts Limited.
The statement signed by Prof. Obiora Okonkwo, Spokesperson, AON, states, “There is nowhere in the world where the Air Navigation Service Provider charges fees without providing any services.”
The Ministry of Aviation and Aerospace Development provided examples in the 13th of May 2024 press release showing landing and take-off fees are only paid at airports. Naebi Dynamics Concepts landing levy.
Historical Context
Tracing the history, AON said the issue began in 2018 when Naebi Dynamic Concepts Limited proposed the helicopter landing fee. He (Sirika) forwarded the proposal to the Nigeria Civil Aviation Authority (NCAA) for comment.
Regulatory Compliance
The NCAA stated categorically that it had neither legal framework nor legal justification to introduce such a fee. It clarified that, aside from certifying privately owned helipads and charging a certification fee, it did not provide any justifying services.
AON further noted that FAAN lacked a legal framework to impose helicopter landing and take-off charges outside of its airports.
Under the NAMA Act, AON highlighted that it integrates aircraft into overall air traffic without charging landing fees on oil rigs due to non-service provision. AON stresses that Section 7(1)(r) of the NAMA Act specifies that the Agency charges fees only for services provided to operators.
Moreover, ICAO Document 9082 allows the imposition of charges exclusively for services and functions performed for civil aviation operations by the Agency. Meanwhile, NAMA’s non-charging policy for helicopter landings on private helipads stems from the absence of provided services related to those operations.
