justice
By Chinedu Eze

After sitting for about three weeks the judicial appeal panel set up by the Nigerian Civil Aviation Authority (NCAA) to investigate the N37.6 billion ($235 million) fine slammed on the two British airlines, British Airways (BA) and Virgin Atlantic Airways (VAA) unanimously came to a conclusion that the two airlines had not breached any Nigerian law.

In October last year the regulatory body led by the Director General, Dr Harold Demuren, ordered the British major carriers to pay the above sum as compensation for Nigerians passengers the airlines allegedly shortchanged with exorbitant and outrageous fares over the years.

But the two major airlines had denied any wrong doing and had insisted that they would not pay any penalties, prompting NCAA to set up a panel made up of five distinguished members to deliberate and consider the legality and fairness of NCAA’s investigation, report and findings “with respect to the investigation into BA and VAA’s collusion, deceptive, unfair and anti-competitive practices especially with respect to the Passenger Fuel Surcharge.”

The pane, which was chaired by retired Justice George Oguntade of the Supreme Court of Nigeria met yesterday in Lagos and held that the NCAA Act of 2006 could not take action on a matter that was alleged to have been committed in 2004 and in a 20 page judgment, the panel set aside the fine.

Other members of the panel include Dr. Folarin Gbadebo-Smith, Alhaji Bala Ibn NaAllah, former member of the House of Representatives who served on the Aviation Committee and KGB Oguakwa, a lawyer and former ranking member of the House of Representative who served as Chairman, House Committee on Aviation and also the House Committee on Tourism and Culture and Calistus Uwakwe, who served as secretary on the panel.

Uwakwe told reporters after the verdict was given yesterday that it was a unanimous decision of the panel.

He said that the panel could not uphold the allegations against the airlines as put by the NCAA because the violation occurred between August 2004 and March 2006, while the provision of the law at that time prescribed a penalty of cease and deceased order.

Country Commercial Manager for British Airways, Mr. Kola Olayinka said that the British mega carrier appreciated the decision of the panel for upholding the rule of law, remarking that it indicated that there is hope for Nigeria.

Also the representative of Virgin Atlantic Airways in Nigeria, Chief John Adebanjo, said, “We are happy with the decision. We will continue to work with the NCAA. We are happy with the Director General of NCAA appeal panel. We believe that right from day one, we have not breached any Nigerian law. We respect the office of the Director General of NCAA. We want to thank the Minister of Aviation; Justice Oguntade led panel and our passengers who have sent to us letters of support”


Demuren ensured that the panel was given the free hand to carry out its responsibility and expressed the hope that it would abide by whatever decisions it came up with.

Before the panel’s decision yesterday, Demuren had told THISDAY, “The panel will look at it and then take a decision. If I am wrong they will say that I am wrong, but once I get their report and they say the people are wrong I will tell them to come and pay immediately.”


The Director-General alleged that BA and VAA used deception to collect so much money from Nigerian passengers as fares, noting that the fares Nigerians pay are three times what the airlines charge in Ghana.

http://www.thisdaylive.com/articles/ncaa-case-against-ba-virgin-atlantic-dismissed/108988/

It always sounded too good to come through.

That was just grandstanding, have a national carrier and these guys will fall in place.

[size=20pt]But the two major airlines had denied any wrong
doing and had insisted that they would not pay
any penalties [/size]

Case closed! No need to read any further.

I wonder why the charges were dropped.
It would have made for a good comic relief.
Haba!

See who dey investigate others?
Has the NCAA removed the logs from their eyes first?

We have shown once again to be puppets in d hands of the whites. Just imagine that the roles were reversed.

The panel hasn't said BA and Virgin are not guilty, but they have simple said based on the time period during which the alleged offences were committed the maximum penalty as at that time was a"cease and decease order"!

So even if they are guilty, the NCAA cannot fine them but can only issue a "cease and decease order"! The new law that allows the NCAA to fine for such infractions came into force in 2006 whereas these offences were committed btw August 2004 and March 2006 before the new law took effect.

But then again it should not end there, these guys (BA & Virgin) should be taken to the European court or a British court and charged with price fixing or collusion or overcharging as the case may be. Shell and Pfizer as 2 prominent examples were taken to court in the UK and US for compensation claims for offences committed in Nigeria when the Nigerian courts were unable to mete out adequate justice!

I believe BA and Virgin do have a case to answer, and the UK courts am sure would find them culpable in this matter as they are expected to behave responsibly and within a specified code of conduct anywhere in the world they are operating, and are answerable to the UK government authorities and courts regarding their conduct abroad and would be prosecuted as such if found wanting.

ADint:

The panel hasn't said BA and Virgin are not guilty, but they have simple said based on the time period during which the alleged offences were committed the maximum penalty as at that time was a"cease and decease order"!

So even if they are guilty, the NCAA cannot fine them but can only issue a "cease and decease order"! The new law that allows the NCAA to fine for such infractions came into force in 2006 whereas these offences were committed btw August 2004 and March 2006 before the new law took effect.

But then again it should not end there, these guys (BA & Virgin) should be taken to the European court or a British court and charged with price fixing or collusion or overcharging as the case may be. Shell and Pfizer as 2 prominent examples were taken to court in the UK and US for compensation claims for offences committed in Nigeria when the Nigerian courts were unable to mete out adequate justice!

I believe BA and Virgin do have a case to answer, and the UK courts am sure would find them culpable in this matter as they are expected to behave responsibly and within a specified code of conduct anywhere in the world they are operating, and are answerable to the UK government authorities and courts regarding their conduct abroad and would be prosecuted as such if found wanting.

so are they guilty or not?

Seems the panel just concluded they cant be fined, where do we go from here, cease and decease meaning? they are now charging purely competitive price?