Relationship between Bi-Courtney Aviation Services Limited (BASL) and the Federal Airports Authority of Nigeria (FAAN) took a violent turn yesterday, as FAAN officials went on the offensive, destroying campaign adverts at the Murtala Muhammed Airport (MMA2).
While protesting the action yesterday, BASL's Head of Litigation, Mr. Tola Oshobi, said: "The ongoing saga between the FAAN and Bi-Courtney in respect of the concession agreement entered into on April 24, 2003 has taken a violent turn. FAAN along with some hoodlums and vandals pulled down bill boards erected by Bi-Courtney at the airport today.
This action was taken without notice and in total violation of the concession agreement. "On November 15, 2011, in a case titled Bi-Courtney Limited vs.
The Managing Director, Federal Airport Authority of Nigeria and the Federal Airport Authority of Nigeria, the issue of FAAN's right to pull down advertisements installed by Bi-Courtney came before the Federal High Court for resolution. "In a comprehensive judgment delivered by Justice Stephen Jonah Adah, the court decided that under the agreement, FAAN had no right to take laws into its own hands.
"If there are any dispute between FAAN and Bi-Courtney, this dispute must be resolved by arbitration in accordance with Article 22 of the concession agreement. his lordship held that: "The sum of it is, whether the defendants can in any dispute relating to the concession agreement take action to resolve disputes without resorting to Article 22 of the said agreement for dispute resolution mechanism. It is obvious in the light of the said agreement that the defendant cannot so act ...
It is ordered also in consequence of this that the parties should refer their dispute for amicable settlement as prescribed by their agreement." "FAAN and Bi-Courtney have been in constant dispute over the concession agreement.
The following judgments were resolved in favour of Bi-Courtney "In 2009, the Federal High Court sitting in Abuja ordered the Federal Government of Nigeria and FAAN to hand over the General Aviation Terminal to Bi-Courtney in Suit No. FHC/ABJ/CS/50/2009 delivered on March 3, 2009.
There have been four appeals against this judgment, all resolved in favour of Bi-Courtney. The orders contained therein are yet to be obeyed by FAAN. It has become clear that FAAN is more interested in violence and disobedience of court orders than in respecting the rule of law and public order.
"The refusal to obey these various court orders show that the rule of law is on suspension in Nigeria or FAAN is above the law."
Via: Sun News Online