In a groundbreaking move, Nigeria has become one of the select few countries worldwide to pioneer the issuance of Practice Directions by the Federal High Court, specifically tailored to address the intricacies of aviation matters. This landmark development, presided over by Vice-President Senator Kashim Shettima at the Presidential Villa in Abuja, marks a significant milestone in the country’s quest to enhance its aviation sector.
The issuance of these Practice Directions is a critical component of the Honourable Minister of Aviation and Aerospace Development, Festus Keyamo’s 5-Point Agenda, aimed at fostering the growth and sustenance of local airline businesses while adhering to the highest international standards. By addressing the lingering issue of Nigeria’s low compliance with the Cape Town Convention, the new Practice Directions are poised to eliminate judicial impediments, boost investor confidence, and enhance access to aircraft acquisition for Nigerian air operators.
The Cape Town Convention, adopted in 2001, regulates the dry-leasing of aircraft by major manufacturers such as Airbus and Boeing, as well as major lessors worldwide. Sources say that Nigeria’s substantial non-compliance with the Convention had resulted in its blacklisting by the Aviation Working Group (AWG), primarily due to legal impediments in the country’s judicial process. These impediments had hindered the swift granting of relief sought by creditors within the stipulated 10-day period, as declared by Nigeria under the Convention.
To address this challenge, the Minister, with the pivotal support of key stakeholders, including the President, Vice-President, and Attorney-General, collaborated with judicial institutions to facilitate the signing of the Practice Directions. This collaborative effort has culminated in the issuance of the new Practice Directions by the Chief Judge of the Federal High Court, which will harmonize Nigeria’s judicial processes with the requirements of the Cape Town Convention.
The implications of this development are far-reaching, and expected to reform the airline business in Nigeria by:
- Enhancing access to aircraft acquisition at competitive rates.
- Boosting investor confidence in the Nigerian aviation sector.
- Creating jobs and promoting rapid economic development.
- Increasing the sector’s contribution to the nation’s Gross Domestic Product (GDP).
- Positioning the aviation industry in Nigeria to compete favourably in the global market.
By domesticating the Cape Town Convention through the Civil Aviation Act 2006, as amended in the Civil Aviation Act 2022, Nigeria has demonstrated its commitment to ensuring that its domestic laws and courts give full effect to the Convention. The new Practice Directions reinforce this commitment, aligning Nigeria’s judicial processes with international best practices.
The Honourable Minister of Aviation and Aerospace Development, Festus Keyamo, has expressed profound appreciation to all stakeholders who contributed to the actualization of this landmark issuance of the new Federal High Court Practice Directions. This development not only clears the image and reputation of Nigeria in the global community but also ushers in a new era for the airline business in Nigeria to grow and compete favourably in the global aviation market.
