The stage for confrontation seemed set last night between the Federal Government and Virgin Nigeria Airways as the airline said it would not move its domestic operations from the international wing of the Murtala Muhammed Airport, Ikeja, Lagos to the domestic wing (MMA2) as directed by the government.
The Federal Government had Monday, last week ordered Virgin Nigeria to move its domestic services to MMA2 within one week and directed again yesterday that all domestic operations at the international wing would come to an end by midnight.
But the airline said it would continue to operate from the international wing, arguing that a case it instituted against the move was still at the Appeal Court and hearing had been scheduled for October 17.
According to a press statement by its management, Virgin Nigeria said it would not move until after the hearing of the case.
The airline said: �Our attention has been drawn to publications alleging that we have moved our domestic operations out of Murtala Muhammed International Airport (MMIA). We wish to state the followings for clarity: That the matter of the relocation of our domestic operations out of the Murtala Muhammed International Airport, Ikeja (MMIA) is currently before the Court of Appeal for its consideration and has been slated for hearing on the 7th of October at the Court of Appeal, Lagos and is therefore subjudice.�
Virgin Nigeria said all parties to the case had been duly notified, insisting that it would act on the decision of the case.
�Parties to the matter have been duly notified by the Court of Appeal and as such any action taken by anybody thereon is premature and that Virgin Nigeria has not taken any definitive steps to move out of the Murtala Muhammed International Airport. That means for now, Virgin Nigeria�s domestic operations remain at the Murtala Muhammed International Airport,� the statement said.
The airline said it did not intend to disobey the Federal Government but believed and would continue to abide by the case.
It said it realised that there was another agreement government signed with another company, which conflicts with its own interest and intention to create a hub at the international wing and wished to find a middle ground that would benefit all the parties.
�While we appreciate the government�s intention for us to relocate our domestic operations out of Murtala Muhammed International Airport, we are conscious of the fact that there are agreements between the Federal Government of Nigeria and other parties which conflict with the legal stipulations under which Virgin Nigeria was created and which required Virgin Nigeria to establish a hub at the Murtala Mohammed International Airport, Lagos. We are however desirous of finding a middle ground that benefits all parties,� Virgin Nigeria said.
The airline added, �For the avoidance of doubt, Virgin Nigeria has not, is not and will not seek to flout the laws of the Federal Republic of Nigeria. We are also not in contention with the Federal Government of Nigeria. Rather, we are working in line with the stated policy of the President of the Federal Republic of Nigeria, which says the rule of law must always prevail.�
The airline said it was its belief in the rule of the law and due process that made it to insist that government and all concerned parties should await the final determination of the matter by the Court of Appeal.
The latest order is the third time Federal Government would direct Virgin Nigeria to vacate the international wing of the MMA.
The first directive prompted the airline to go to the Federal High Court to restrain the Federal Government from forcing it to leave MMIA.
Virgin Nigeria also argued that the MMA2 terminal it would use at the domestic wing was not safe for flight operations.
It made reference to the International Air Transport Association (IATA), which had in a report allegedly indicated the shortcomings at the airport that made it unsafe.
But the IATA report was to emerge contentious.
Another IATA report refuted that initial claim about MMA2 terminal but Virgin remained adamant, insisting it had an agreement with the Federal Government to operate from the international wing of MMA for seven years.
Some of the reasons adduced by government in asking Virgin Nigeria to move its domestic operations to MMA2 were security considerations and the fact that the airport had been having difficulty for some time now grappling with international passenger traffic.
Virgin Nigeria has consistently argued that part of the agreements it signed with government for it to operate in the country was that it would operate from the international wing of the Murtala Muhammed Airport, which it has used as the hub of its operations.
By asking it to move to MMA2, the airline said government was reneging on its agreement with it.
But last year, a committee set up by the office of the National Security Adviser carried out an investigation and issued a report which indicated that domestic operations should not be carried out at the international wing of the airport because of its security implications.
The report said running domestic operations at the international airport would create an avenue for illicit drugs to be moved from domestic passengers to international flyers.
Also speaking with THISDAY last week, the Managing Director of Bi-Courtney Aviation Services Limited, Mr. Alex Van Elk, said the agreement Bi-Courtney signed with the Federal Government before taking up the project of building the first terminal by a private investor on Public Private Partnership (PPP) basis, was that all the airlines operating the domestic routes would relocate to the terminal.
He lamented that so far, Arik Air and Virgin Nigeria had refused to move to the new terminal.
According to him, an agreement is not worth the paper it is written on if it could not be respected.
He said if government failed to abide by the agreement by directing the two airlines to move to the terminal, such would discourage further investments in the industry by the private sector.
�As I said before, we have clear contract and if the contract is not worth the paper it is written on it will be bad for PPP in Nigeria,� Van Elk said.
Aug122008