Justice Ambrose Lewis-Allagoa reordered the Federal Government and domestic airlines to maintain status quo in their suit relating to the establishment of airline.

The judge made the order pending the determination of the suit filed by the Registered Trustees of the Airline Operators of Nigeria and five others in the aviation industry.

The four other plaintiffs include Azman Air Services Limited, Air Peace Limited, Max Air Limited, United Nigeria Airlines Company Limited and Topbrass Aviation Limited, who were the first to sixth plaintiffs.

The first to fourth defendants include Nigeria Air Limited, Ethiopian Airlines, Senator Hadi Sirika (Minister of Aviation, Federal Ministry of Aviation) and the Attorney-General of the Federation.

This came as the Federal Ministry of Aviation declared on Thursday that it would deploy every necessary step to vacate the order that had stopped the ongoing work towards to establishment of the national airline.

Thursday’s event at the court was in line with The PUNCH’s exclusive report on Tuesday which revealed that lawyers representing the Federal Government and Ethiopian Airlines would battle at the Federal High Court.

After series of legal work, the judge, on Thursday, ordered that the national carrier should be halted and subsequently adjourned the case till February 2023. Our correspondent who was at the court reported the story.

Also, a fresh suit was instituted by one of the Chief Executive Officers of the domestic carriers, Captain Edward Boyo, seeking the name of the Board of Registered Trustees of the Airline Operators of Nigeria to be removed from the suit on the grounds that members of the association did not agree to sue the Federal Government over the national carrier project.

Two “intervenors/applicants” filed an application begging the court to strike out the name of The Registered Trustees of the Airline Operators of Nigeria as a party in a suit, arguing that its inclusion in the suit “is invalid”

On November 15, 2023, the court granted the plaintiffs an interim injunction restraining the Federal Government and Ethiopian Airlines from proceeding with the establishment of Nigeria Air Limited.

Justice Lewis-Allagoa also ordered all parties to the suit to maintain the status quo following the plaintiffs’ motion ex parte in Suit FHC/L/CS/2159/2022.

At the resumed hearing of the matter on Thursday, Nureni Jimoh, SAN, appeared for the airline operators.

Jimoh’s bid to move his motion on notice for an injunction against the defendants was opposed by Seun Oriowo, for Nigeria Air and Minister of Aviation; Raji Rasaki, for the AGF, and Ajibola Salisu for the intervening applicants.

The judge turned down Rasaki’s argument for an adjournment for lawyers from the AGF’s Abuja office to take over the defence, rather than those from its Lagos office.

Bassey Attol, for Ethiopian Airlines, informed the court that he had filed a response to Jimoh’s application, while Salisu’s prayer for an adjournment was opposed by Jimoh, on the ground that “the intervening applicants are not a party to this suit. They are interlopers here to disrupt proceedings.”

In his ruling, Justice Lewis-Allagoa held, “I’ve reviewed all the applications before me. In the circumstances, the proper thing to do is for the parties to maintain the status quo pending the determination of this suit.”

The two intervenors/applicants, in their November 23, 2022 application seen by The Punch include Capt. Edward Boyo, and Capt. Nogie Meggison.

They prayed for an order “striking out the name of the 1st Plaintiff (The Registered Trustees of Airline Operators of Nigeria) as a plaintiff in the suit, for want of due authorisation and/or sanction from the Registered Trustees qua National Executive Council of the Association.”

Among the grounds for their prayer was that “there was no meeting of either the members, the National Executive Council or the Board of Trustees of the 18 plaintiff wherein any decision/resolution was taken to institute this present suit.

“The decision/resolution and/or authorisation of the National Executive Council comprising the Registered Trustees is a condition precedent to the proper institution of any suit in the name of the 1st plaintiff.

The inclusion of the 1st plaintiff as a party to this suit is invalid.”

Consequently, the judge adjourned the case till February 13, 2023.

Meanwhile, while reacting to the order of the court on Thursday, the media aide to the Minister of Aviation, James’s Odaudu, told one of our correspondents that the ministry was law abiding but would do what was necessary to vacate the order.

“If the court ruled that the status quo should remain, we are law abiding citizens,” he said.

When told that the aviation minister recently said no court would want to stop the national carrier project, Odaudu replied, “A lot people misinterpreted what he (Sirika) said, by reporting that the minister said no court can stop the airline.

“The minister did not say no court can stop the establishment of a national carrier. Rather he said no rational court would stop the establishment of such airline in Nigeria.

“This means that the courts have it at their discretion. So it is wrong to say the minister said no court can stop it. He did not say so.”

The minister’s aide, who served as the immediate past Director of Communications at the Federal Ministry of Aviation, further stated that the FMA would take all required steps to contend with the court order.

“But, of course, the ministry or the government will also take whatever step that is necessary to vacate it (the order),” Odaudu stated.

Justice Okon Abang ruled that the decision to grant the application was at court’s discretion.

The judge said such a plea was a ploy to waste the judicial time of the court, NAN reports.

Economics and Financial Crimes Commission’s (EFCC) lawyer, Farouk Abdullah, told the court that the matter was slated for continuation.

However, Anayo Adibe, Maina’s new counsel, objected on grounds that the legal team was just taking over the case and needed adequate time to prepare.

But Justice Abang noted that since the matter resumed on September 29, Maina did not appear in court until a bench warrant was issued against him.

The judge said the issue of fair hearing was not applicable because Maina was not just coming into the matter for the first time.

“The issue before the court has to be properly made not on a sentimental basis. The 1st defendant (Maina) jumped bail without reason to do so,” Abang held.

He noted that if Maina’s new counsel needed the case file, it was expected that the former counsel would hand over the file to the new lawyer.

“And if Joe Gadzama (former counsel) fails, the new counsel knows what to do. An administrative letter to a registrar cannot serve as a stay of proceeding. The new counsel cannot drag us into his own internal affairs”, Abang added.

Justice Abang, who noted that Maina had been offered adequate opportunity and time for his defence, refused to grant his application.

Maina was arraigned before Justice Abang, on October 25, 2019, by the EFCC alongside his firm, Common Input Property and Investment Ltd.

He is facing a 12-count charged bordering on money laundering to the tune of N2 billion.

This was disclosed in a notice circulated in and around the Federal High Court headquarters building in Abuja.

According to notice, the court staff, under the aegis of the Judiciary Staff Union of Nigeria (JUSUN), said they were abandoning their duties in line with the industrial action planned by the Nigerian Labour Congress (NLC) to begin on Monday.

Recall that the NLC and the Trade Union Congress (TUC) has threatened to embark on an industrial action in protest of the recent increases in the prices of electricity and petroleum products on Monday despite the court ruling and talks with Federal Government.

The unsigned notice reads: “Please be informed that the Judiciary Staff Union of Nigeria (JUSUN), Federal High Court chapter shall, in collaboration with the Nigerian Labour Congress (NLC), commences a two-week indefinite strike action from Monday the 28th day of September 2020.

“All offices shall remain closed within this period. You are required to comply.”

Sowore is asking the court to order the DSS to pay him N500m as general and aggravated damages over his detention which he termed as an illegal violation of his fundamental rights.

This is contained in a suit marked FHC/ABJ /C51409/2019, and supported by a 21-paragraph affidavit deposed to by Abubakar Marshall and accompanied by a written address, Saharareporters reports.

According to the suit: “A declaration that the detention of the applicant from November 7, 2019 till date in violation of the order for his release made on November 6, 2019 is illegal as it violates his fundamental right to liberty guaranteed by Section 35 of the constitution of the Federal Republic of Nigeria 1999 (as amended) and Article 6 of African Charter on Human and Peoples’ Rights (Ratification and Enforcement Act (CAP A10) Laws of the Federation of Nigeria 2004.

“An order of this court compelling the respondents to pay to the applicant the sum of N500,000, 000, 00 ( Five hundred million naira) as general and aggravated damages for the illegal violation of the applicant’s fundamental right to life, dignity of his person, fair hearing, health, freedom of movement and freedom of association.

“An order of perpetual injunction restraining the respondents from further violating the applicant’s fundamental rights in any manner whatsoever and however without lawful justification.”

Recall that Sowore was arrested in Lagos on August 3, 2019, for calling for a revolution in Nigeria, meanwhile, a Federal High Court in Abuja had recently ordered his release alongside Olawale Adebayo.

However, the DSS was yet to comply with the order and claimed that no surety had come to take Sowore on bail, adding that it will release Sowore if his sureties come forward for documentation.

Justice Ijeoma Ojukwu issued the order of arrest of Pinnick, NFF Secretary, Sunusi Mohammed, the 1st Vice President, Seyi Akinwumi, the 2 nd Vice-President, Shehu Dikko and an Executive member, Yusuff Fresh after they refuse to appear in court to answer to the charges of misappropriation of funds belonging to NFF.

The Federal Government had through the Special Presidential Investigation Panel on the Recovery of Public Property , filed 17 counts, marked FHC/ABJ/CR/93/2019, before the court, in which it accused the NFF officials of alleged misappropriation of $ 8 ,400,000 belonging to the football body.

The money was said to have been paid by the Fédération Internationale de Football Association to the NFF as appearance fees in the group stage of the Brazil 2014 World Cup.