Airline Operators of Nigeria has declared that the attempt by the Ministry of Aviation and Aerospace Development to impose additional $300 landing fee on helicopter operators operating within the country was illegal and unjustifiable.
AON also said that the engagement of Naebi Dynamic Concept and the imposition of the fee on operators by the ministry was a sharp contrast to the policies, principles and guidelines contained in the International Civil Aviation Organisation (ICAO) Documents 9082 and 9161 of engagement with stakeholders on new charges on operators.
A statement by Prof. Obiora Okonkwo, spokesperson, AON, said that the government had no legal framework and legal justification to introduce such fee.
AON also said that the Nigerian Airspace Management Agency (NAMA), which is statutorily charged to provide the navigation services necessary for the operation of aircraft taking off and landing and integrate them into the overall air traffic within the Nigerian airspace, did not charge helicopter landing and take-off fee.
It said this is so because NAMA did not provide any service in that respect to the operators.
The statement added: “Section 7(1)(r) of the NAMA Act, which was in force at the time is clear that NAMA shall charge fees only for the services provided by the agency, and helicopter operators pay the air navigation charges as generated on monthly basis, just like every other aircraft operator in Nigeria.
“Despite the absence of any legal framework and justification for its imposition, and despite being so advised by the agencies, the former Minister of Aviation, Sen. Hadi Sirika, approved the proposal for collection of Landing and Take-off Fee for all helicopters landing and taking off on and from oil fields/terminals/platforms/rigs/FPSOs, etc. and conveyed his approval for NAMA to engage and collaborate with Naebi Dynamic Concepts Limited for the collection of the fee/charge/ levy.”
AON regretted that Naebi Dynamic Concepts Limited had been demanding payment of hundreds of thousands of dollars from operators taking off from oil rig platforms and private helipads without providing any service to them.
AON declared that the approval and imposition of helicopter landing and take-off fee at private helipads, oil rig platforms and others when no service was provided at those locations was illegal.
It further added that NAMA did not obtain the approval of the Nigeria Civil Aviation Authority (NCAA) before imposing the new fee/charge/levy.
According to the statement, Part 18, Section 18.8.1.1 (b) of the Nigeria Civil Aviation Regulations (NCARs), required NAMA to obtain the approval of NCAA before imposing any new charges and fees for its services.
It maintained that NCAA had the statutory power to regulate the charges that may be made in respect of air traffic control for the use of aerodromes and services provided at such aerodromes.
It also maintained that contrary to claim by the ministry, neither NCAA nor the Federal Airports Authority of Nigeria (FAAN) was a party to the Memorandum of Understanding (MoU) between NAMA and Naebi Dynamic Concepts Limited for the collection of the levy.
It also maintained that the said fee was charged and demanded for in the US dollars contrary to the provision of Section 15 of the Central Bank of Nigeria Act, which stipulates that the unit of currency in Nigeria would be naira.
The statement added: “There is nowhere in the world where the Air Navigation Service Provider does not provide any service to helicopter operators but charges landing and take-off fee for landings and take-off on and from private helipads, oil rig platforms, FSPOs, FSOs, etc.
“The engagement of Naebi Dynamic Concepts Limited did not follow due process as it did not comply with the requirements of the Public Procurement Act for the procurement of the services of consultants.”
AON, however, commended Mr. Festus Keyamo, the Minister of Aviation and Aerospace Development, for the temporary suspension of the collection of the fee and the setting up of a committee to look into the issues raised by it and other stakeholders.
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