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Operator threatens lawsuit as NAMA resumes controversial $300 helicopter fee

Operator threatens lawsuit as NAMA resumes controversial $300 helicopter fee

The Nigerian Airspace Management Agency has said that it would soon recommence the collection of the controversial $300 landing fee from helicopter operators in the country.

But industry operators opposed this, threatening to drag the agency to court should the new charge be forced on the sector.

Speaking at the ongoing 53rd Annual General Meeting of the Nigerian Air Traffic Controllers Association on Thursday in Kano, the Director of Air Traffic Services, NAMA, Tayo John, said that the collection of the fee would ease the agency’s current financial burden.

Presenting a paper titled, ‘Financial Constraints Affecting Nigeria’s Air Navigation Provision: Impact and Mitigation Strategies,’ John said that the Federal Government prevailed on NAMA to drop the fee when it commenced its collection a few months ago, but he declared that this time around, there was no going back.

He did not, however, give a date on when the agency would begin enforcement of the rule on helicopters flying within the country’s airspace.

He said, “In the next few weeks, we will recommence the collection of $300 landing fee from helicopter operators. We started earlier, but the government directed us to suspend it then due to some issues in the country, but this time around, we will resume the collection.”

While introducing the fee in May, the Federal Government through the Ministry of Aviation and Aerospace Development, had engaged NAEBI Dynamic Concept to collect the fee from helicopter landings and take-offs on and from oil rig platforms and private helipads.

The announcement generated controversies from both operators and industry experts over the rationale behind the payment, causing the Airline Operators of Nigeria to reject the Federal government’s move.

The airline operators insisted that there was neither a legal framework nor justification for the company to introduce such a fee.

AON insisted that aside from certification of helipads, most of which are privately owned, and for which it charged a certification fee, NAEBI did not provide any service to helicopter operators that would warrant such a fee.

AON continued that NAMA’s duties under its establishment Act 2022 was majorly to provide navigation services necessary for the operation of aircraft taking off and landing.

In the heat of the protest, Minister of Aviation and Aerospace Development, Festus Keyamo, in May 2024, the same month the fare was introduced, suspended the $300 landing fee for helicopter operators.

He, however, said that further actions on the matter would be taken after a review committee submits its report for scrutiny.

Defending the reintroduction of the fee, John argued that the cost of providing the navigation aids, Air Traffic Management equipment, and maintaining the required workforce by NAMA was very huge.

He also lamented the deduction of 50 per cent of the Internally Generated Revenue of NAMA into the federal purse, adding that the agency also pays 10 per cent of the International Air Transport Association remittance to the Nigerian Meteorological Agency.

Some of the other financial constraints faced by NAMA included budgetary limitations, revenue collection issues, high operational costs, and dependence on foreign exchange, among others.

The NAMA senior officer added, “These constraints hinder our ability to modernise equipment, maintain infrastructure, and ensure consistent training for our personnel.”

Speaking with our correspondent, the Managing Director of Aero Contractors, Capt Ado Sanuasi, emphasised that should the charge be enforced, the operators would be left with no other option other than to seek redress before a competent court.

He said, “We already told them that it is not possible. If they want to force it, Nigeria is a country, guided by laws, and then we would go straight to court. If they want to introduce charges, have they followed the procedures? You can’t introduce a charge when you haven’t invested and you can’t invest without carrying along the stakeholders.

“The problem is you can’t arbitrarily just come up with a charge. In aviation, all charges are on cost recovery and NAMA again is concessioning it to another person or company, have they gone through the concessionary regulations that say if you are concessioning something you must have gone through due process? Have they carried along the stakeholders?

“So, I can’t see the reason we are still talking about introducing the $300 charge to helicopter operations. If they introduce that charge we will go to court. It doesn’t make sense, If they want to kill the aviation industry finally, let them go ahead. Every sector of the economy is struggling and that is so because of taxes. They have just increased the interest rates and the poor man is suffering and you are now going to say- bring $300 per landing? That is not right!”

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