Attorneys for the Federal Government and the domestic airlines are anticipated to meet on Monday at the Federal High Court in Lagos as the legal case involving the contentious national carrier, Nigeria Air, continues today.
Sometime in December 2022, the case was postponed to January 16, 2023.
In the meantime, attorneys for Nigeria Air, the Minister of Aviation, Hadi Sirika, and the Attorney General of the Federation, Abubakar Malami, filed a motion of notice on Friday asking the Federal High Court in Lagos to transfer the case to the Federal High Court in Abuja.
Issues with jurisdiction were a major factor, according to the lawyers.
However, representatives of domestic airlines working under the Airline Operators of Nigeria said the plaintiffs planned to submit a counter affidavit to contest the motion.
Accorsing to an AON leader, “We will oppose the transfer of the case to Abuja. All the parties involved in this case are based in Lagos and AON’s office is also in Lagos.”
The motion was submitted on January 13 under the case number FHC/L/CS/2159/22/283. It was asserted that the defendants live there and conduct a significant portion of their business there.
The document stated: “That after carefully studying the originating process and other processes filed by the Plaintiffs, the cause of action alleged by the plaintiffs occurred in the Federal Capital Territory outside the judicial division where this suit is instituted.
“That the 1st, 3rd and 4th defendants who are not residents within The Judicial Division of this Honourable Court will be subjected to serious hardship in the event this suit proceeds to hearing and prosecuted within the judicial division of this Honourable Court wherein this suit is commenced.
“That the engagement of counsel to handle the instant case in the judicial division of this Honourable Court which is outside all the Defendants’ place of residence will attract huge amount of expenses on the part of the Defendants and that may likely affect the Defendants’ proficiencies to properly prosecute the suit to a logical and expeditious conclusion, and by extension, affects the course of fair hearing in the course of the trial.”
Another defense attorney, Usman Suleiman Shehu, esq., and Maimuna L. Shiru (Mrs. ), supported the motion by arguing that the defendants/applicant were entitled to a court order shifting the case to the Federal Capital Territory, Abuja judicial division.
