Virgin Nigeria Requests Decision on Case Against FG
February 21, 2008 by Bunmi Awolusi
A Federal High Court sitting in Lagos has been urged to adjudicate in a suit filed before it on the breach of the Memorandum of Mutual Undertaking (MMU) entered into by representatives of the Federal Government of Nigeria and Virgin Atlantic Airways on the establishment of Virgin Nigeria Airways Limited.
At the resumed hearing of the suit, Counsel to Virgin Nigeria, Mr. Demola Akinrele (SAN) in his presentation before the honorable court argued that the Federal High Court is properly invoked by virtue of the constitution which confers on it jurisdiction to entertain all matters relating to aviation and aircraft safety as well as matters involving the validity of an executive or administrative act.
He therefore submitted that the court has jurisdiction to hear the case as opposed to the position in an earlier argument by counsel to the Attorney of the Federation, Mr. A.A. Malik who said the Federal High Court lacked jurisdiction to entertain the suit.
On the purported order to relocate Virgin Nigeria’s domestic operations to MMA2, Mr. Demola Akinrele argued that the directive breaches the article of formation of Virgin Nigeria as it was clearly stated at inception that the airline would operate from the international terminals of any Nigerian airport.
Quoting from the article of formation of the airline, He said: “The MMU signed by representatives of the Federal Government and Virgin Atlantic vest authority upon Virgin Nigeria to operate domestic, regional as well as international flights from the international wing of both Murtala Mohammed International Airport and the Nnamdi Azikiwe International Airport and indeed any other international airport in Nigeria”.
