A Federal High Court, sitting in Abuja, has shocked the aviation Ministry and the Federal Airport Authority of Nigeria, FAAN as it struck out the suit they filed against Bi-Courtney Aviation Ltd over the concessioning of the General Aviation Terminal, GAT, of the Murtala Muhammed Airport, Domestic Terminal, MMA2.
The presiding Judge, Justice A.R. Mohammed, while delivering his judgment on Friday, referred to the suit by the ministry and the Federal Airports Authority of Nigeria, FAAN, as a total abuse of court order.
A copy of the ruling by Justice Mohammed affirmed that the issues brought before the court by aviation ministry and FAAN had been concluded earlier by Justice J. Chikere of the Federal High Court in Suit No: FHC/ABJ/CJ/50/2009.
The court concluded that Justice Chikere’s judgment in an earlier suit instituted by Bi-Courtney Aviation Services Limited, BASL, was conclusive.
Justifying its decision with the aspect of Justice Chikere’s judgement, the presiding juror said: “The parties named in the Relief 7 are agents/agencies of the Federal Government. They are agents/agencies of a named principal, that is, the Federal Government. Any order against the known principal binds the agents/agencies.
The agents/agencies stationed and operating at all airports terminal in Lagos State could not have operated without the support or approval of the Federal Government. They are therefore restrained, prevented or prohibited from operating scheduled flights in and out of Lagos State from any airport terminal other than MMA2 terminal.
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