NCAA’s autonomy and political interference
Players in the Nigerian aviation industry say the recent directive by Mr. Festus Keyamo, the Minister of Aviation and Aerospace Development to the Director-General of the Nigeria Civil Aviation Authority (NCAA) on the suspension of Dana Air operations due to the serious incident it had on landing at the Lagos Airport is a return to the draconian years. OLUSEGUN KOIKI writes.
Part III of the Civil Aviation Act of August 16, 2022 establishing the Nigeria Civil Aviation Authority (NCAA) stipulates that “the authority, shall not submit its decision for the approval of or be bound by the decision or recommendation of any person, body or organisation, but shall be guided by safety, security and public interest considerations.”
The Act not only empowers NCAA to regulate aviation safety without political interference, but also to carry out oversight functions of airports, airspace and meteorological services, as well as economic regulations of the industry.
The NCAA had gained autonomy on November 16, 2006 after former President Olusegun Obasanjo gave assent to the Nigerian Civil Aviation Regulations (NCARs) 2006 bill (now amended) passed by the National Assembly.
But, the directive by Mr. Festus Keyamo, the Minister of Aviation and Aerospace Development on April 24, 2024 to the NCAA to suspend the operations of Dana Air for financial and safety audits barely 24 hours after one of the airline’s aircraft; MD 82 aircraft with the registration number: 5N-BKI, had a serious incident on landing at the Murtala Muhammed Airport (MMA), Lagos is perceived as many an usurpation of the agency’s duties.
The serious incident occurred with 83 passengers onboard.
A letter from the Ministry of Aviation and Aerospace Development, signed by Dr. Emmanuel Meribole, dated April 24, 2024 with the reference number: PS/FMA/MA/S.121/Vol.I/99, directed to the Director-General, NCAA, had ordered immediate “suspension of Dana Air,” pending safety and financial health audits of the airline by the regulatory body.
The letter to the NCAA stated that the recent incidents involving Dana Air had raised serious concerns regarding both the safety and financial viability of their operations.
The letter directed Director-General, NCAA to immediately initiate the suspension of the airline’s fleet until a comprehensive audit could be conducted, directing that the audits should encompass all aspects of safety protocols, maintenance procedures, and financial health to ensure full compliance with aviation regulations.
“The recent incidents have underscored the urgency of this matter, and it is imperative that swift and decisive action be taken to safeguard the interests of all stakeholders involved.
“I trust in your expertise and diligence in carrying out this audit thoroughly and expeditiously. Please keep me informed of the progress and any significant findings throughout this process,’ the letter read in part.”
This directive, once again raised the dusts about the autonomy of the apex civil aviation regulatory agency in Nigeria.
The stakeholders and professionals in the sector submitted that 18 years after, NCAA’s autonomy was still largely operated on papers.
Two weeks after the suspension of the airline, nothing is heard of the audits carried out by the NCAA.
Players in the sector declared that such an action is contributing significantly against the growth of the sector and posing a threat to security and safety of airlines and airports across the country.
Aviation Safety Round Table Initiative (ASRTI), a body of professionals in the sector, expressed that the directive amounted to external interference with the autonomy of NCAA.
The body pointed out that the pronouncement by Keyamo served to erode the institutional autonomy and jeopardises safety in the aviation sector.
ASRTI reiterated its commitment to the non-negotiable autonomy of the NCAA as stated in Section 4 (3) of the Nigerian Civil Aviation Act.
The body expressed its disappointment with Keyamo, maintaining that the directive was contrary to law and process the minister promised to respect.
The group maintained that the suspension of the entire operations of the airline Dana Airlines directed by the minister ran against these principles and indicated a return to the ugly past that destroyed confidence in the industry.
It insisted that the conduct of financial audits of airlines lied exclusively with the NCAA, adding that the decisions on what were appropriate sanctions for violations also lied exclusively with the apex regulatory body in the sector.
ASRTI, therefore, called on the ministry to with immediate effect lift the suspension of the entire operation of the airline and also offer an apology to the entire aviation community for the actions from Keyamo.
It also emphasised that the NCAA and the Nigerian Safety Investigation Bureau (NSIB) should continue with their investigations on the affected MD 82 aircraft or fleet and the airline.
The statement added: “ASRTI also advises the minister to concentrate his efforts on policy issues that positively impact the airline industry.
“ASRTI also demands that other agencies be allowed to carry out their statutory obligations without interference, including the observed interferences at the Federal Airports Authority of Nigeria (FAAN). ASRTI also requests that the minister move promptly to appoint the required boards to enable the smooth and properly guided operations of agencies.
“The ASRTI commends the NCAA for the recent suspension of three non-schedule operators for operational infractions and urges the NCAA to make public, the list of the airlines concerned in the reported infractions for transparency as well as to highlight actions others must avoid to prevent the same outcomes.”
Besides, Engr. Chris Amokwu, another aviation expert, declared that the directive was ‘totally uncalled for.”
Amokwu queried the autonomy of NCAA if the minister was allowed to issue such a directive on safety related issues, maintaining that such directive was not good for the image of the country.
Grp. Capt. John Ojikutu, aviation analyst, queried the basis for the suspension of Dana Air by the minister.
Ojikutu explained that the letter was not explicit enough as the reason for the suspension of the airline was not stated.
Ojikutu declared that Keyamo as the supervising minister of aviation lacked the authority to order for a suspension of any airline.
He insisted that by that letter, Keyamo was unnecessarily exposing Nigeria to ICAO and warned that it may have a negative impact on the image and rating of the country.
He said: “The suspension of Dana Air is on what basis? If he’s calling for the suspension of Dana Air, the reasons for the suspension must be there, but in any case, the minister has no such power. He is exposing this country to ICAO. This simply means that the NCAA is not in authority.
“He is gradually making himself the chief executive of the NCAA. He hasn’t got that power. We have already written to the ICAO and recommended the NCAA as the civil aviation authority and as the authority, that is why when they come, they don’t go to the minister, they talk to the NCAA and go back.”
Besides, Mr. Olumide Ohunayo, Director, Research, Zenith Travels Ltd, described the directive as a gross interference of safety processes and procedures.
Ohunayo, like Ojikutu, expressed that the ministry had no business with the airlines, maintaining that he also lacked the power to order the Director-General on safety related issues.
“This is a very wrong decision. I don’t know if the ministry wants someone to clap for them. If Dana Air has any safety issue, it is the NCAA that should tell us. First thing he can do is to tell the NCAA to examine their books again. You can’t ground them based on the minister’s directive. That is very wrong.
“Other airlines that have had runway excursions this year, were they grounded? Why are you going for Dana? Why do you want to start with Dana? Why are you not looking at your runway? Why are you not looking at the difficulty of removing debris from the runway? Those are the issues he should address urgently, rather than dabbling into the issue of safety.”
Ohunayo further recalled that a gear incident involving a Delta Air Lines’ Boeing 757, while waiting to take off at Atlanta Airport earlier this year did not lead to suspension of the airline by either the Ministry of Transportation or the Federal Aviation Administration (FAA).
He wondered why Dana Air was suspended when the investigation into the serious incident by NSIB had just begun.
Alhaji Muhammed Tukur, the former Deputy Secretary General, Airline Operators of Nigeria (AON), warned against the danger of undermining the autonomy of NCAA.
Tukur, in a statement, described the grounding of all the Dana fleet by Keyamo as an usurpation of the powers of the NCAA.
“The action of the minister is like putting our civil aviation on a reverse to the era between the late eighties and the early time of the present democratic dispensation when President Obasanjo, for no just course, ordered the grounding of the entire Chanchangi fleet over the Bellview crash.”
He noted that the development was a dangerous signal that must be repealed so that the civil aviation authority would not be relegated to an appendage of the ministry.
The former AON scribe further described the grounding of Dana Air as unfortunate, stressing that it was also happening in the wake of the authority’s successful safety audit and FAA’s Category One.
“It’s ironic for Keyamo, who recently complained of high insurance rates and leasing costs faced by the Nigerian operators, to come up with such a hammer on Dana, which gives the impression that our CAA lacks independence and oversight capability.”
