Louis Ibah
Uneasy lies the head that wears the crown, says a popular adage. That appears to be the lot for top officials of the Nigerian Civil Aviation Authority (NCAA) who are currently grappling with how to explain why First Nation Airways was allowed to fly one aircraft for more than one year on scheduled commercial operations between Lagos and Abuja in clear contravention of the Nigerian civil aviation regulations.
Pennultimate Sunday (May 13, 2018), the NCAA had suspended First Nation Airways operations in Nigeria and withdrewn its Air Operators Certificate (AOC). The NCAA in a suspension circular to the airline had cited the discovery that the airline had been utilising the AOC to fly commercial passengers with a single aircraft in its fleet.
The Nigerian civil aviation regulation demands a minimum fleet size of three airworthy aircraft for scheduled commercial operations, which involves the flying of large numbers of passengers who have bought air-tickets from one airport to another. The NCAA can however grant licences for non-schedule operators, (which involves the charter of aircraft by persons or groups) to operate with one airworthy aircraft. Aviation is a highly regulated industry.
The state of airworthiness of an aircraft is usually a combination of many factors, the most important, however remains the strict adherence to the routine checks and maintenance schedule of the aircraft manufacturers by the airline and this is usually cross-checked by the NCAA. But there are other minor flaws that can develop on an aircraft, which can escape the notice of the NCAA inspectors and for which the airline and its pilots are expected to show transparency by notifying the NCAA and also making effort to fixing it.
For instance, the Associated Airways aircraft accident in Lagos in 2013 which claimed 12 lives had been linked to the failure of the airline and crew to disclose the airworthy state of the aircraft to regulators.
Graft allegation
Daily Sun however learnt that some local airline operators and labour unions are alleging that First Nation Airways was aided by top officials of the NCAA to perpetrate the illegality of operating a scheduled commercial flight with a one-aircraft, an act that is considered a severe breach of safety and security processes in the aviation industry.
It was equally learnt that the suspension of First Nation only came following petitions by concerned stakeholders to authorities in the Presidency who had observed how for more than a year First Nation Airways was flying on scheduled operations with continuous advertisement of its services and was even openly selling tickets at its Check-in counters in Lagos and Abuja Airports with its single aircraft operations without any regulatory sanction. For instance, Secretary General of the National Union of Air Transport Employees (NUATE), Mr. Olayinka Abioye, said he had to go live on a private television station in Lagos to broadcast the illegality and the implication to safety before the NCAA could act some days later.
Abioye also alleged a conspiracy between the NCAA and First Nation Airways which allowed the later to operate illegally for over a year with one aircraft. Abioye calls it “a man-know-man” breach – a euphemism for corruption, saying concerned stakeholders must fight to ensure that the First Nation suspension stays. “We appeal that the suspension be upheld until all necessary precautions are in place and First Nation improves on its fleet expansion. We all know the safety implication of flying a one machine (aircraft) for scheduled operation. Enough of man know man in our industry,” Abioye added. Another analyst, Mr. King Akpan, also alleged complicity on the part of the NCAA, noting that many industry analysts who noticed the breach had drawn the attention of the NCAA to it, but the regulator had failed to act.
“At what point did the NCAA realise that First Nation was flying passengers daily between Lagos and Abuja with only one aircraft?,” queried Akpan. “Was it over the weekend when it grounded the airline’s operations? The NCAA is not being honest. We all know that First Nation was downgraded to a charter operator on the eve of the the United States Federal Aviation Authority (FAA) audit of Nigeria. Soon after the exercise was over and Nigeria scaled through, First Nation went back to scheduled services with ‘one wing’ until last weekend when NCAA had a brain wave and applied the big stick. This lasted for more than one year.
The NCAA is yet to tell the world why it waited that long despite warnings within the industry before it did the needfull. Thumbs down for the agency. We cant be fooled. Is it that promoters of the airline don’t know the extant laws, or they do, but rather choose to be outlaws because they have friends in the high society?” Akpan said.
Interestingly, the Managing Director/Founder of First Nation Airways, Mr. Kayode Odukoya, in March this year was apprehended and charged to court by the EFCC for alleged forgery, use of false document, perjury and stealing of about N1.7billion from his creditors. An industry source told Daily Sun that the NCAA only acted by suspending First Nation only after the EFCC had charged him to court seeking to prove that he is of a fraudulent character. “If the EFCC had not made the first move of arresting and prosecuting and also bringing to the public knowledge such allegations against Mr. Odukoya, there is the likelihood that the NCAA won’t have moved against the airline even with the danger that its continued commercial flight poses to the flying public,” said the source, a popular aviation analysts who however preferred not to be mentioned. “It was the same NCAA that was very swift in compelling Aero Contractors to drop it’s scheduled business for charter operations once the airline had failed to meet the minimum fleet requirement some years ago. So the NCAA cannot claim it wasn’t aware that First Nation has been operating one aircraft and doing scheduled operation instead of the charter it was downgraded to do.
“The downgrading was announced in the media but passengers were still trooping to fly the airline on commercial schedule basis. What I learnt was that the NCAA was keeping a close watch on that particular aircraft at all times so that it is well maintained and safe. And this cannot happen without a collusion,” he added.
First Nation defence
Spokesperson for FirstNation Airways, Mr. Rasheed Yusuff, while not debunking the NCAA’s stance that it was using one aircraft for commercial operation in breach of the law, however refuted claims that the airline by its action was compromising the safety of passengers and crew.
“It is pertinent to add that the allegations by the NCAA are not safety related and that our operation (with one aircraft) achieved above industry dispatch reliability of over 95 per cent and reputed for on time performance and schedule integrity. Our operating aircraft and crew hold the relevant, safety critical approvals and authorisations,” said Yusuff.
“The basis of NCAA’s decision is therefore apparently commercial. And in an industry facing worsening aircraft capacity constraints, the NCAA should be forward looking and working with industry to facilitate policies that will endear industry growth, so as not to further limit and compromise passengers’ choice options across all segments.
“We are reluctant to join issues, in the media with NCAA, as we believe that regulation through media sensationalism will ultimately not serve the industry well. Except to reiterate that we respect regulations and have immediately complied with NCAA’s directive. And will cooperate with NCAA in good faith, to address all concerns and the alleged infractions to reach resolution. “We remain committed to the highest level of safety standard in line with industry best practise. FirstNation is currently working assiduously on fleet expansion and confident that we will grow our fleet this year, 2018.
“But the national interest has not been served by this development,” Yusuff added.
Way forward
Industry unions however maintained that in the interest of safety, it was better for First Nation to get its acts right by re-fleeting rather than justifying it’s illegality. “I just cannot understand our businessmen. Does it not worry us as stakeholders to be told that the NCAAs sanction is against Firstnation on the basis of its commercial activity rather than safety?” Queried Abioye.
“You admitted that you have done wrong but also tried to justify an unjustifiable act. The fact is that NCAA sanctioned First Nation for operating one aircraft for scheduled services contrary to the provisions of the law; selling tickets on the counter and advertising for passengers among others. However, I do not cherish First Nation claiming it is not compromising on safety.
We all know the gravity and or consequence of operating one machine. “What else could compromise safety than non adherence to the rules and regulations as provided by the NCAA. How will safety be assured with only one aircraft that is in a commercial competition with other airlines and flying more than one route. The fact before us now is that appropriate action has been taken.
“We appeal that the suspension be upheld until all necessary precautions are in place and the airline improves on its fleet expansion. Enough of “man know man” in our industry,” Abioye added.