Monday, 25 July 2016

Private Jets & The Renewed Passenger Photo Identification Policy


By Capt. Daniel Omale

 As the minister of Aviation, Stella Oduah introduced inconsistent and incomprehensible policies. One of the failed regulations she proposed was passenger photo identification for all private jets operating within Nigeria.

The introduction of the policy was purposely designed to checkmate Rotimi Ameachi, a former governor of Rivers state, and an adversary of President Jonathan Goodluck.

When River state aircraft, a Bombardier Global Express, which governor Ameachi had was grounded in Akure in 2013 by the Nigerian Airspace Management Agency(NAMA), Rotimi Ameachi’s regular movement in other private jets needed to be monitored, hence the promulgation of the  “Private jets passenger identification” ordinance.

Fortunately, due to public outcry, and Stella Oduah’s celebrated removal from office, the policy died a natural death.  Or so we thought.

Now the table has turned; Ameachi has become the minister of transport, of which aviation ministry is directly under its purview. The same private jets passenger photo identification policy has been reactivated. The NAMA’s circular dated June 24, 2016, signed by one Pwajok M, L, states: “Submission of GENDEC, Passenger Manifest and Photo Identity by Private Aircraft Operation.”

What the minister of transport does not know is that the same aviation cartel that misled Stella Oduah to her disgraceful exit is actively with him. These quasi, self-ordained aviation professionals will lead him or his minister of state, Hadi Sirika, into the same path of deconstruction of the sector.

Private Jet owners or operators are not, in any way, the problem of aviation industry in Nigeria. Instead, they contribute more that 60% of the total revenues generated.  Therefore, creating impediments to efficient private aircraft operation is not only anti-industry growth, but shear shortsightedness.

Every day in this country, private jet owners, especially those with foreign registrations, pay in excess of $500,000 (N180m) as statutory fees to various aviation agencies. It is therefore, unwise, and unnecessary to reintroduce this unrealistic, draconian policy.

For those canvassing to uphold this stipulation, using security concern as the core reason, there is no single private, foreign registered aircraft in Nigeria that is unknown to the Nigerian Civil Aviation Authority (NCAA). This also means that the owner of such an aircraft and his operational characteristics are duly certificated. There has never been a private aircraft engaged in any subversive activity in Nigeria.

Foreign registered private aircraft are better maintained, especially those registered to the United States and European financiers or lessors. With dual safety oversight (the NCAA & foreign CAA), it is only natural to expect and accept higher quality routine and schedule maintenance.

If this senseless policy is aimed at frustrating individuals with private Jets, there is obviously no need for such, because those who looted our national treasury to acquire assets have since run out of the country with their aircraft.

There are also those who constantly call for all foreign registered private Jets to de-register to Nigerian tail number for ease of employing Nigerian pilots. This idea is far beyond ordinary rhetoric or adoption of some irrational policy. If Nigeria’s banks /financial institutions can’t support investments in equipment acquisition, it is only fair to allow those who can secure aircraft financing from abroad to stay within the terms and conditions of such loans. One of them is to keep the aircraft registered in a more liberal country of the world for easy repossession.

The only way to create jobs for the hundreds of young pilots in our midst is for the federal government to support anyone interested in‎ venturing into commercial aviation with softer, more affordable loan through the bank of industry. Unless access to lower cost of funds is available in Nigeria, no regulation can sway entrepreneurs from doing what is “best for business.”

The new Civil Aviation Regulations (CARs) of 2016 with some clauses centered on expunging “Part G” aircraft importation and operation in Nigeria are untenable. Nigeria is a signatory to Cape Town convention. This Convention provides for the constitution and effects of an international interest in certain categories of mobile equipment and associated rights. It commenced in 2001 and ratified in 2006 by 69 countries‎, including Nigeria.

Before these rules can become effective, the NCAA should write and be approved to withdraw Nigeria from the countries that ratified the articles of the Cape Town Convention. Anything other than that, will be a violation of the applicable laws in the international agreement.

While I can appreciate selfishness on the part of those who feel threatened that the few lucky aircraft operators in Nigeria, who can source aircraft from abroad pose immense threat to the competition, it is definitely not a single person’s call to cancel an international agreement without due national authorisation.

It is the NCAA’s responsibility to safeguard all international aviation agreements ratified by Nigeria. A single airline operator in Nigeria cannot, and should not coerce the agency to make rules that are tantamount to the general standards and best practices worldwide. This shallow and greedy motive by some airline owners in this country has threatened industry growth, and future prospect.

Nigeria’s aviation business is bigger and larger than any single airline owner to dictate its modus operandi.

For effective CARS, stakeholders must be given ample time to diligently review and deliberate on what is tenable and untenable in every part of the regulations. If it took the NCAA four years to compile the 4000 plus pages of the new CARs, operators need, at least, one year to digest and propose rational amendments to this humongous booklet. Hasty implementation of the various updated clauses will create more damage to a sector already in fragility.

Those calling for the abolition of part G aircraft operation are not only being selfish and senseless, they are shallow-minded and, ignorant of what the Cape Town Convention stands for, towards aviation development in developing nations.

Also, those instigating the minister of transport to enforce private Jets passenger photo identification prior to each flight are simply disrupting smooth flow of aircraft operation in Nigeria. They have always exploited the system into retrogression.
                                        Capt. Daniel Omale writes from Abuja


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