Court restrains FG from re-possessing Murtala Mohammed Airport

* Bi-Courtney insists on 36-year concession contract

A Federal High Court in Abuja has restrained the Federal
Government from re-possessing the domestic wing of the Murtala
Mohammed Airport, Lagos from its current operator and manager,
Bi-Courtney Limited.

The court also restrained the Federal Government and its
agencies from interfering or hampering the operations of
Bi-Courtney with respect to its management of the airport.

Justice Binta Nyako gave the orders on Thursday after listening
to Wale Babalakin (SAN), who moved a motion ex-parte to that
effect.

Justice Nyako said the interim orders so granted are to subsist
pending the determination of the originating summons filed by
Bi-Courtney.

Babalakin had, while moving the ex-motion filed by Bi-Courtney,
stated that there was information that the Federal Government,
though some of its agencies, seeks to repossess the domestic wing
of the Murtala Mohammed Airport (MMA2) within the next two
days.

He argued that despite the existence of evidence to support
Bi-Courtney’s claim of an existing 36-year concession contract
between it and the Federal Government, in relation to the
management of the airport, officials of the government have
continued to insist that the contract was for 12 years.

“We have a 36 year concession, which has been confirmed by an
Arbitral Tribunal and up to the Supreme Court.

“But, there are rumour that they (the defendants) want to take
over the airport within the next two days, on the grounds that we
have 12- year lease,” Babalakin said.

He then prayed the court interim order injunction to prevent the
defendants and their restraining the defendants, either by
themselves or other agencies of Federal Government of Nigeria or
their agents “from approving the taking over or operating the
Domestic Wing of the Murtala Mohammed Airport (MMA) pending the
hearing and determination of the originating summons.

Babalakin equally sought similar orders to restrain the
defendants from interrupting the plaintiff’s management of MMA” and
for them to “maintain status quo and not interfere in the
processes.”

Listed, as defendants in the suit marked: FHC/ABJ/CS/471/2019
are, the Attorney General of the Federation (AGF), Minister of
Aviation, Managing Director, Federal. Airports Authority of
Nigeria, Infrastructure Concession Regulatory Commission and the
Inspector General of Police.

Bi-Courtney, in the originating summons, wants the court to,
among others, declare that it is entitled to uninterrupted
operation and management of the domestic wing of the MMA
“throughout the subsistence of the concession period granted to the
plaintiff by the Concession Agreement dated 24th April 2003 between
the plaintiff and the Federal Republic of Nigeria, represented by
the Minister of Aviation and FAAN, particularly the addendum
thereto, dated February 2007, without let or hindrance” by the
defendants and their agents.

It is also praying for an order of injunction restraining the
defendants and their agents from “contemplating, initiating, taking
any action, process or procedure towards the takeover of domestic
wing of the MMA” while the concession agreement still subsists.

The plaintiff also wants an order, directing the AGF, Minister
of Aviation, Managing Director, Federal. Airports Authority of
Nigeria, Infrastructure Concession Regulatory Commission “and other
appropriate officers of the Federal Government, to execute
forthwith, on behalf of the FGN, a sovereign undertaking in favour
of the plaintiff”, to the effect that the FGN, its agencies and
officials shall not contemplate of take steps to interfere or
hinder the plaintiff’s operation and management of the MMA during
the 36 years concession period granted the plaintiff, by virtue of
the 2003 agreement.

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Army Reorganizes Exercise Harbin Kunama III

The Nigerian Army has embarked on the reorganization and
expansion of the mandate the Exercise HARBIN KUNAMA III currently
operating in Zamfara state to effectively ensure the complete
defeat of the fleeing bandits.

The Chief of Army Staff Lt Gen Tukur Buratai stated this while
briefing the press at the Army Headquarters in Abuja.

The development, according to him, is to restore public
confidence and enhance safety while also ensuring socio-economic
activities continue without fear or intimidation in Zamfara state
and its environs.

Lt Gen Buratai who was represented at the occasion by the Chief
of Training and Operations(CTOPs) of the Nigerian Army, Major
General Lamidi Adeosun said the reorganization will entail the
involvement of other sister security agencies in form of Joint Task
Force(JTF) to rid the zone of criminal elements.

“It is on this premise that I want to plead with the general
public to persevere in the face of seeming inconveniences due to
restrictions that may be imposed in these areas while the Nigerian
Army is conducting the exercise”.

He noted that the “Nigerian Army mandate is aimed at building
confidence and ensuring our country is rid of criminal elements
that are poised to destabilize the normal life, rights and freedom
of the people across the country as enshrined in the Nigerian
Constitution”.

“I want to assure the general public that the Nigerian Army will
carry out its constitutional mandate professionally and within the
ambit of the law while adhering to the Rules of Engagement
(ROE)”

He appealed to the general public to claim ownership of the
security of the country and willfully avail the Army with credible
information that will assist in flushing out subversive and
criminal elements from their hideouts and safe haven.

“Be rest assured that the Nigerian Army will continue to support
the non-kinetic efforts of the civil authority to combat
criminality and banditry as well as prevent it from gaining
traction and spreading to other relatively peaceful regions of the
country”, he said.

The Army Chief also appreciated the traditional rulers and
religious leaders and further enjoin them to continue to support
the Army with credible information that will assist in the
professional conduct of our exercises and operations to rid the
area of banditry and criminality.

“They are encouraged to continue to galvanize their subjects and
followers to tow the path of peaceful resolution of conflicts
rather than resulting to violence which does nobody any good. I use
this medium to once again call on all religious leaders to pray for
the success of our exercise and operations as well as pray for the
total eradication of insecurity in our country”, he said.