Bi-Courtney Aviation Service Limited (BASL) has said in Lagos that the Federal Airports Authority of Nigerian (FAAN) has violated a court order on their concession agreement with the vandalism of the billboards erected on its hotel building and the bridge connecting MMA2 with the hotel building.
Mr. Tola Oshobi, the Head, Legal Litigation of BASL, said at a press conference held at Murtala Muhmmed Airport (MM2) that FAAN along with some hoodlums and vandals pulled down bill boards erected by Bi-Courtney despite a court order restraining them from doing so.
He said the dispute regarding advertisement between BASL and FAAN ”is not a new development. This issue had come up before, and submitted to the court for adjudication at the Ikeja Division of the Federal High Court before Hon. Justice Stephen Jonah Adah, currently a justice at the Court of Appeal.”
Oshobi said the court, in its judgment, “held that FAAN had no power to do this, that if FAAN had any issue with the advert inserted by BASL, the appropriate thing for FAAN to do is to go through the Dispute Resolution Mechanism in Article 22 of the concession agreement which includes arbitration mediation and ultimately approaching the court for resolution.
“The judgment of the court is still binding, FAAN has not appealed against the judgment or complied and in spite of this judgment, FAAN today went and forcefully remove the advert place by BASL at the airport complex.”
Oshobi said BASL did not receive any communication from FAAN by the action taken by them and there was no prior communication.
Speaking further, he said “this is not the only judgment BASL has obtained against FAAN, several judgments had been obtained against FAAN and the Ministry of Aviation, which they continue to flagrantly disregard.
“One such judgment was delivered by the Federal High Court, sitting at Abuja in 2009, ordered the Federal Government of Nigeria and FAAN to hand over the General Aviation Terminal to Bi-Courtney in Suit No. FHC/ABJ/CS/50/2009 to Bi-Courtney in accordance to the term of concession agreement and FAAN has till date not complied with this order.
“At least four appeals have been filed by FAAN against the judgment all resolved in favour of Bi-Courtney.
“Can FAAN as a government agency continue to disregard the orders of the court? If the government disobeys its own law, then the government lacks the moral basis or justification to expect the citizens to obey its law and the Federal Government needs to call FAAN to order and restrain it from disregarding court orders.”
