Our team has been involved in the development of the legislative framework for the Nigerian aviation sector in the past two decades and we continue to play an active role in advising on legislation on the aviation sector. This has placed us in a vantage point in the application of the various laws in the sector in addressing our clients’ varied needs and we have consistently deployed our expertise to deliver excellent services to our clients.
Our experience spans legal advisory on various issues in the aviation sector including setting up operations in Nigeria, aircraft financing and mortgage, regulatory interface, and litigation on aviation liability.
Part of the team that acted for three UK aviation companies in an action brought by a Nigerian company for the breach of an aircraft lease agreement. Our team argued the application which released the said aircraft from arrest upon the provision of security in the sum of USD$100, 000 even though the plaintiff’s claim was for an amount in excess of USD$1.5m.
Acted as legal counsel for the start-up operations of two foreign airlines. This involved providing legal opinions and obtaining licenses and approvals for the initial start-up of the airline.
Successfully defended a major American airline against compensation claims by passengers, arising from carriage by air based on the Montreal Convention of 1999.
Acted as legal counsel to an airline operator in securing an export credit facility in the sum of US$6 million from US EXIM Bank for the acquisition of new aircraft.
Acting for the Nigerian Airspace Management Authority (NAMA) and the Nigerian Civil Aviation Authority (NCAA) as judgment debtors for a sum over US$6 million in garnishee proceedings commenced by an airline company.
Acted for a commercial bank in Nigeria on the creation of aircraft mortgages over 9 mobile assets under the Cape Town Convention.
Acted on behalf of an aviation industry group in respect of the Finance Act, 2020 by proposing redrafts which would provide tax exemptions for local airlines in Nigeria. The proposed amendments to the bill then under consideration were adopted in the Finance Act, 2020.
Currently advising an aviation industry group in respect of six bills being considered by the National Assembly seeking to amend the key aviation laws in Nigeria (including a Civil Aviation Bill to amend the Civil Aviation Act 2006, Nigerian Airspace Management Bill and Federal Airports Authority of Nigeria Bill). Our Firm represented the interests of the industry group at legislative committee hearings held in respect of the bills.
Acted on behalf of the Federal Government of Nigeria, through the Ministry of Aviation as consultants to review all the major aviation laws in Nigeria and producing a draft Civil Aviation Bill incorporating the stipulations of the Cape Town Convention on International Interest in Mobile Equipment. The Civil Aviation Bill was enacted into law by the National Assembly in 2006.
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