June 07, (THEWILL) – The Airline Operators of Nigeria (AON) has explained why it rejected the $300 helicopter landing and take-off fee slammed on operators in the aviation sector.
Giving reasons for the rejection, the AON spokesperson, Prof. Obiora Okonkwo, in a statement on Thursday, pointed out that the Nigerian Airspace Management Agency (NAMA) does not provide any additional service to helicopter operators to justify the imposition of the fee at all helipads, oil rig platforms, FSPOs, FSOs, etc. in Nigeria.
“The approval and imposition of the Helicopter Landing and Take-off Fee at private helipads, oil rig platforms, FSPOs, FSOs etc. when no service is provided at those locations to the helicopter operators by NAMA is contrary to the provision of section 7 (1) (r) of the then applicable NAMA Act as well as to section 1, paragraph 2 (1) of ICAO Document 9082.
“NAMA did not adhere to the policies, principles and guidelines contained in ICAO Documents 9082 (ICAO’s Policies on Charges for Airports and Air Navigation Services) and 9161 (Manual on Air Navigation Services Economics) before imposing the Helicopter Landing and Take-off Fee. Part 18, section 18.8.1.1 (e) of the Nigeria Civil Aviation Regulations requires NAMA to adhere to the policies, principles and guidelines contained in those documents.
“NAMA did not obtain the approval of the NCAA before imposing the new fee/charge/levy. Part 18, section 18.8.1.1 (b) of the Nigeria Civil Aviation Regulations requires NAMA to obtain the approval of the NCAA before imposing any new charges and fees for its services. NCAA has the statutory power to regulate the charges that may be made with respect to air traffic control and for the use of aerodromes and services provided at such aerodromes.
“NAMA did not consult the helicopter operators and other stakeholders before imposing the Helicopter Landing and Take-off Fee. Part 18, section 18.8.1.1 (d) of the Nigeria Civil Aviation Regulations require NAMA to adhere to the principles and procedures of consultation with users, cost-relatedness, non-discrimination and transparency in the application of charges and fees.
“Contrary to the Ministry’s Press Release of 13th May 2024, neither NCAA nor FAAN is a party to the MoU between NAMA and Naebi Dynamic Concepts Limited for the collection of the Helicopter Landing and Take-off Fee at private helipads, oil rig platforms, FSPOs, FSOs etc., as those Agencies had made it clear that they have no legal framework or justification to impose such fee.
“The fee is charged and demanded in US Dollars contrary to the provision of section 15 of the Central Bank of Nigeria Act, which is clear that the unit of currency in Nigeria shall be the Naira.
“There is nowhere in the world where the Air Navigation Service Provider does not provide any service to helicopter operators but charges landing and take-off fee for landings and take-off on and from private helipads, oil rig platforms, FSPOs, FSOs, etc. The examples given by the Ministry of Aviation and Aerospace Development in the Press Release of 13th May 2024, of where landing and take-off fee is paid are all of airports.
“The engagement of Naebi Dynamic Concepts Limited did not follow due process as it did not comply with the requirements of the Public Procurement Act for the procurement of the services of consultants,” Prof. Obiora said.
The AON spokesperson informed that the operators had at a meeting held recently with the Minister of Aviation and Aerospace Development, Festus Keyamo, made their position on the helicopter landing and take-off fee known.
According to him, the meeting led to the temporary suspension of the collection of the fee and the setting up of a committee to look into the issues raised by the AON and other stakeholders.
He, however, commended the Aviation Minister for “giving a listening ear to our position on the matter and for his great leadership of the aviation industry and support for the growth and sustainability of Nigerian air operators”.
Anthony Awunor, is a business correspondent who holds a Bachelor of Arts Degree in Linguistics (UNILAG). He is also an alumnus of the Nigerian College of Aviation Technology (NCAT), Zaria Kaduna State. He lives in Lagos.
