The Federal High Court in Abja has restrained the Lagos Federal Government from re-acquiring the domestic wing of the Murtala Mohammed Airport from its current operator and manager, Bi-Courtney Limited. The court has also restrained the government and its agencies from interfering in the operation of Bi-Courtney in the airport after the motion of ex-parte moved by Wale Babalakin (SAN).
Aside from the motion, Babalakin has asked for 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" and 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 asking 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 taking 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.
