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HomeAviation NewsUpdated: Disquiet as NCAA extends AOC for NG Eagle without operating two...

Updated: Disquiet as NCAA extends AOC for NG Eagle without operating two years after

[dropcap]T[/dropcap]here is an air of disquiet as Nigeria Civil Aviation Authority ( NCAA) has extended the Air Operators Certificate (AOC) of NG Eagle Airlines for six (6) months without the latter operating two years after it was granted operation rights.

NG Eagle Limited got its AOC: NGE/ AOC/09-21/001 on 21st September 2021, with an expiration date of 20th September, 2023 for passenger and cargo scheduled operations and chartered flight operations .

In a reaction to our portal,  the Director General Civil Aviation ( DG-CA), Captain Musa Nuhu told our platform that: “NG Eagle, like any other airline, public or private, will be granted approval to start operations when it complies with all regulatory requirements.”

It should be noted that the CAA can grant extension to operating airlines for certain renewals but our portal can state clearly NG Eagle has not operated passenger or cargo operations as stated on its AOC .

Recall that the NCAA reviewed the Regulations and this took effect in 2023.

However,  the AOC granted NG Eagle Limited two years earlier was issued till 2023 and so the five year validity for an AOC does not apply.

On March 30, 2023 the Federal High Court, Lagos ruled that the attempt by the Asset Management Corporation of Nigeria (AMCON) to transfer assets of Arik Air Limited to NG Eagle Airlines and Super Bravo Limited was not in the airline’s interest.

READ ALSO: Sir Arumemi Ikhide gets judgement as Court gives AMCON 14 days to render Arik Air’s accounts since 2017 take-over

It ruled that the transfer of Arik Air Limited assets was done in bad faith and a violation of Omokhide’s fiduciary duty to Arik as a whole imposed by section 553 of CAMA 2020.

How the NG Eagle got a renewal without operating with its previous AOC is unclear supported by the fact that the aircraft used to acquire the AOCs have been on ground as a result of a court ruling in March 2023.

Nigeria Civil Aviation Regulation (NCARs)

The 2023 Civil Aviation Regulations Part 9: Air Operator Certification and Administration as amended 9.1.1.8 states:

“Duration and Renewal of an AOC: An AOC, or any portion of an AOC, issued by the Authority is effective from the date of issue or renewal and valid for a maximum duration of Sixty (60) months for Scheduled CAT or maximum of Thirty-Six (36) Months for Non-Scheduled CAT unless:

“(a) The Authority amends, suspends, revokes, or otherwise terminates the certificate; The AOC holder surrenders the certificate to the Authority; or (b) The AOC holder does not conduct any kind of operation for more than the time specified in subsection 9.1.1.12 and fails to follow the procedures of subsection

9.1.1.12 upon resuming that kind of operation An AOC holder shall make an application for renewal of an AOC at least 90 days before the end of the existing period of validity.

9.1.1.12 which deals with continued validity of an AOC equally states:

“(a) Except as provided in paragraph (b) of this section, no AOC holder may conduct a kind of operation for which it holds authority in its operations specifications unless the AOC holder has conducted that kind of operation within the preceding number of consecutive calendar days specified in this paragraph:

(1) For scheduled operations—30 days.

(2) For non-scheduled operations—90 days, except that if the AOC holder has authority to conduct scheduled operations, and has conducted scheduled operations within the previous 30 days, this paragraph does not apply.

“(b) If an AOC holder does not conduct a kind of operation for which it is authorized in its operations specifications within the number of calendar days specified in paragraph (a) of this subsection, it shall not conduct such kind of operation until—

“(1) It advises the Authority at least 5 consecutive calendar days before resumption of that kind of operation; and

(2) It makes itself available and accessible for the Authority to conduct a full inspection/ re-examination to determine whether the AOC holder remains properly and adequately equipped and able to conduct a safe operation; and

(3) The Authority issues it a re-validation document authorizing such kind of operation.

“(c) Unless an AOC has previously been surrendered, superseded, suspended, or revoked, or has expired by virtue of exceeding any expiration date that may be specific in the certificate, the continued validity of the AOC issued by the Authority shall depend on:

The operator maintaining the requirements of the original certification, as amended, under the supervision of the Authority; and (2) The operator remaining in compliance with the requirements of this part and the relevant safety management requirements of Part 20 of these regulations, and any additional information required by the Authority.

NigerianFLIGHTDECK
NigerianFLIGHTDECK
NigerianFLIGHTDECK is an online news and magazine platform reporting business stories with a bias for aviation and travel. It is borne out of the intention to inform, educate as well as alter perceptions with balanced reportage.
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