Reporters has learnt that the Nigeria Civil Aviation Authority ( NCAA) has granted a six(6) month extension to the Air Operators Certificate (AOC) of NG Eagle Airlines which has not commenced operations since it was granted operation rights.
The airline NG Eagle Limited was issued its AOC: NGE/ AOC/09-21/001 on 21st September 2021, with an expiration date 20th September, 2023 or passenger and cargo scheduled operations and chartered flight operations but the airline has not operated one single day.
It should be noted that the Civil Aviation Authority has powers to grant extension to operating airlines for certain renewals but our portal can state clearly NG Eagle has not operated .
Recall that the NCAA reviewed the Regulations which took effect in 2023 but 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.
It is not news that on March 30, 2023 the Federal High Court, Lagos ruled that the attempt by the Asset Management Corporation of Nigeria (AMCON) to transfer the assets of Arik Air Limited to NG Eagle Airlines and Super Bravo Limited was not in the best interest of Arik Air.
The court had ruled that the transfer of Arik Air Limited assets to NG Eagle Limited, Super Bravo Limited was done in bad faith and a violation of Omokhide’s fiduciary duty to Arik Air Limited as a whole imposed by section 553 of CAMA 2020.
It is however unclear how the airline reacquired an AOC without operating with the previous AOC granted especially since then the aircraft used to acquire the AOCs have been on ground as a result of a court ruling in March 2023.
According to 2023 amendment of Civil Aviation Regulations Part 9: Air Operator Certification and Administration 9.1.1.8 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.
Source: nigerianflightdeck.com