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Court Restrains FG From Possessing Murtala Mohammed Airport

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A Federal High Court in Abuja has restrained the Federal Government and agencies from re-possessing and interfering in the domestic wing of the Murtala Mohammed Airport, Lagos from its current operator and manager, Bi-Courtney Limited.

A Federal High Court in Abuja has restrained the Federal Government and agencies from re-possessing and interfering in the domestic wing of the Murtala Mohammed Airport, Lagos from its current operator and manager, Bi-Courtney Limited.

Justice Binta Nyako gave the orders on Thursday after listening to Wale Babalakin (SAN), who moved a motion ex-parte to that effect.

Justice Nyako said the interim orders so granted are to subsist pending the determination of the originating summons filed by Bi-Courtney.

Babalakin had, while moving the ex-motion filed by Bi-Courtney, stated that there was information that the Federal Government, though some of its agencies, seeks to repossess the domestic wing of the Murtala Mohammed Airport (MMA2) within the next two days.

He argued that despite the existence of evidence to support Bi-Courtney’s claim of an existing 36-year concession contract between it and the Federal Government, in relation to the management of the airport, officials of the government have continued to insist that the contract was for 12 years.

“We have a 36 year concession, which has been confirmed by an Arbitral Tribunal and up to the Supreme Court.

“But, there are rumour that they (the defendants) want to take over the airport within the next two days, on the grounds that we have 12- year lease,” Babalakin said.

Babalakin equally sought similar orders to restrain the defendants from interrupting the plaintiff’s management of MMA” and for them 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.

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 of take 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.

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