Afrigather The Federal Authorities and the Ministry of Aviation have sought the switch of the case instituted in opposition to it on the deliberate institution of a nationwide carrier challenge, Nigeria Air, to the Federal Excessive Courtroom, Abuja Judicial Division, from Lagos.
However, a supply near one of many plaintiffs, stated on Saturday that the Airline Operators of Nigeria (AON) would kick in opposition to the switch of the case away from Lagos to Abuja, suspecting a foul play.
The originating summons with the swimsuit quantity: FHC/L/ CS/2159/22, filed in opposition to the federal government is anticipated to return up for listening to on Monday) on the Federal Excessive Courtroom of Nigeria within the Lagos Judicial Division.
The plaintiffs are the registered trustee of the Airline Operators of Nigeria, Azman Air Services Restricted, Air Peace Restricted, Max Air Restricted, United Nigeria Airways and High Brass Aviation Restricted, whereas the defendants are the Nigeria Air Restricted, Ethiopian Airways, Sen. Hadi Sirika and the Legal professional Basic of the Federation.
However, the Federal Authorities, by means of its counsel, Liman Suleiman Shehu, Maimuna Shiru, Oyin Koleosho and Oriowo Oluwaseun, filed the application on Friday, January 13, 2023, barely three days to the listening to on the summons.
An affidavit in help of movement on discover sworn to by Des-Bordes Felicia, counsel to the defendants, Nigeria Air (1st defendant), Hadi Sirika (third defendant) and Legal professional Basic of the Federation (4th defendant), argued that listening to of the swimsuit in Lagos would add monetary burden on the defendants.
The 11-page software solely dwelt on the switch of the case to Abuja by the courtroom.
The counsel wished the courtroom to invoke Part 22, Federal Excessive Courtroom Act, LFN 2004, which empowers it to switch the swimsuit out of Lagos to every other divisions, this time round to Abuja, for listening to.
AON had on November 19, 2022 filed an originating summons in opposition to the institution of a brand new nationwide provider for Nigeria by the Federal Government after the liquidation of the previous, Nigeria Airways.
With the originating summons, the courtroom was anticipated to overview the submissions by all events and provides a specific date for ruling.
AON had known as on the courtroom to take a look at the extant legal guidelines and interpret such to know if the processes following the deliberate rebirth of a brand new nationwide provider for the nation weren’t in violation of the legal guidelines of the Federal Republic of Nigeria.
The federal government by means of its defence, argued that each one the defendants within the swimsuit reside in and keep it up substantial a part of their enterprise within the Federal Capital Territory (FCT), Abuja, and questioned why the case must be heard in Lagos.
The counsel additional argued that after the agency rigorously studied the originating processes filed by the defendants, it noticed that the reason for the motion alleged by the plaintiffs occurred within the FCT, outdoors judicial division of the place the swimsuit was instituted.
The counsel added: “That the first, third and 4th defendants who usually are not residents throughout the judicial division of this honourable courtroom can be subjected to critical hardship within the occasion this swimsuit proceeds to listening to and prosecuted throughout the judicial division of this honourable courtroom whereby this swimsuit is commenced.
