The whole aircraft registration scandal is just unfortunate yet intriguing. The Rivers State Government fell prey to poor advice and this is the simple truth. I feel sorry for the governor who has been super mired in the minutiae of this brouhaha and must have been taken aback by the emerging facts and the damning implications.
The truth is that the Rivers State Government does not qualify to register its aircraft in the United States. The eligibility criteria set by the US Federal Aviation Authority (FAA) as retrieved from the US FAA website on May 2, 2013, which is still valid as I write is that:
 
 
 
"An aircraft is eligible for U.S. Registration if it is not registered in another country and it is owned by:
1. U.S. citizen as defined in 14 Code of Federal Regulations Part 47.2.
2. Resident Alien (foreign individual lawfully admitted for permanent U.S. residence
3. U.S. governmental unit or subdivision
4. A non-citizen corporation lawfully organized and doing business under the laws of the U.S. or one of the States as long as the aircraft is based and primarily used in the U.S. (60% of all flight hours must be from flights starting and ending within the U.S.)
5. An aircraft may be registered only by and in the legal name of its owner.
 
 
 
The eligibity criteria is very clear, and as it is evident the Rivers State Government or their advisers understood that the state's aircraft was not eligible for such a registration. In a smart move, they got an American trustee/trustor in the Bank of Utah Trustees, satisfying the first eligibility criteria. Still, the aircraft did not meet other FAA eligibility conditions - eligibility conditions 4 which states that:  "A non-citizen corporation lawfully organized and doing business under the laws of the U.S. or one of the States as long as the aircraft is based and primarily used in the U.S. (60% of all flight hours must be from flights starting and ending within the U.S.)".
Also, the most damning part of this aircraft registration saga is the final condition, which the Rivers state aircraft does not satisfy. Which is that the aircraft must be based in the United States or 60% of all flight hours must be from flights starting and ending within the US. This is clearly the reason why the flight manifest cannot be tendered to the Nigerian aviation authorities. Tendering the flight manifest means that the local flight times and log of the aircraft will be shown and the US authorities will nullify the registration. This is a very obvious fact.
 
 
In early 2011, the Federal Aviation Administration (FAA) ignited a minor firestorm when it temporarily halted approval of ownership trusts as permitted owners of U.S. registered aircraft.  The FAA’s action froze many aircraft transactions and cast doubt on foreign buyers’ ability to register aircraft in the U.S.  The FAA moratorium was in response to situations in which the trustee of an aircraft ownership trust seemed unable to provide the FAA with basic information as to the aircraft’s operational status.  The FAA quickly “unfroze” the processing of ownership trust applications, and over for almost a year tried to fix the situation. It is the pressure of the FAA on trustees, to submit aircraft report that may have constrained the pilot of the RVSG aircraft from submitting the manifest.
 
The implication of registering a local aircraft in a foreign land to 'preserve value' is that Rivers state public funds is paid to the US FAA as registration fees and taxes. As Robinson Sibe, an online commentator put it: "How can we grow our own aviation industry if we run to the US to register state owned aircrafts? Imagine a province in China going to register their aircraft in US. Imagine a free man putting his wife in trust of a stranger 'to preserve value'."
 
  
I do feel and very deeply so, that the Rivers State Government had been wrongly advised on this matter, but also it will be good to know if the former aircraft which Governor Peter Odili used was also registered in the United States.
  
 
However, I think the Rivers state government deserves a fair hearing, even though at moments like this, the oratory of Magnus Abe, former commissioner of information and serving senator, is missed. It is important that all parties thread the part of caution as security in the state remains fragile.
 
If there is one thing Governor Amaechi has achieved in Rivers state, it is the restoration of order and security, and as the treasure base of the nation, it is important that politicians consider the fortunes of the people of Rivers state while act their drama.
 
Ross Alabo-George is an observer.
Port Harcourt. http://m.facebook.com/note.php?note_id=10151635453104402&_rdr#like_10151635453104402