Minister of Aviation, Stella Oduah, appeared before the House of Representatives Joint Committee on Aviation and Justice along with other parties in dispute over the controversial Rivers State Government airplane that was recently grounded by the Federal Government.
The minister threatened that “institution of criminal proceedings under our criminal laws,” Economic and Financial Crimes Commission (EFCC) Act and the Independent Corrupt Practices and other Related Offences Commission (ICPC) Act against those involved “is not foreclosed.”
Oduah, who was the first to speak before the committee, stuck to the position of the Federal Government that the Rivers State Government was operating the said aircraft illegally within the nation’s airspace.
According to her, the Ministry of Aviation or any of its parastatals does not have any record of the aircraft as one documented in the name of Rivers State Government, but that the plane was known to the ministry as a foreign aircraft that comes and goes out of the country upon clearance by the appropriate authority.
She told the committee that the aircraft as operated by the Rivers State Government was in violation of the extant civil aviation regulations.
Odua specifically mentioned some sections of the Nigerian Civil Aviation Authority (NCAA) laws, including 1.2.1.5(a)(i)(2), 1.3.3, 4.2.1.1(a), 4.3.1.2(a) and (b), and 8.6.1.1.
Her words: “It is pertinent to draw the attention of the National Assembly to the following violations of the extant Civil Aviation Regulations using the name of Caverton Helicopters for flight clearance severally on the 4th to 6th January, 2013; 23rd to 27th January, 2013; and 28th March to 2nd April 2013, which Caverton Helicopters rebutted, thus violating Section 1.2.1.5(a)(i)(2) of the NCAA Regulations on General Policies, Procedures and Definitions, S.I.14 of 2009, on falsification, reproduction or alteration of applications, licences, certificates, logbooks, reports or records.
“Failure to make available pilot records and check aircraft logs, flight manifest, weather, etc. in falsely using Caverton Helicopters, there are infractions of the Implementing Standards in Part I, Section 1.3.3 of the NCAA Regulations on General Policies, Procedures and Definitions, S.I.14 of 2009.
“Operating without valid airworthiness or legal certificate aircraft registered in the name of Bank of Uttah Trustees, but used/operated in the name of Rivers State government, and securing flight clearances in the name of Caverton Helicopters.
“(Using) coat of arms and identity of Rivers State government on aircraft, where there is no evidence whatsoever of Rivers State government ownership/registration of the aircraft, which violate sections 4.2.1.1(a) and 4.3.1.2(a)&(b), respectively, of the NCAA Regulations on Aircraft Registration and Marking, S.I. No. 17 of 2009,” the minister said.
Alleging that the state Governor, Rotimi Amaechi, failed to submit flight plan contrary to Section 8.6.1.1 of the NCAA Regulations and Operations, S.I. No. 21 of 2009, the minister added: “The institution of criminal proceedings under our criminal laws, EFCC Act and ICPC Act against the above infractions is not foreclosed.
“This has become imperative in view of the fact that some of the provisions in our Civil Aviation Laws tilt towards imposition of civil penalties.”
Acting Director General of the NCAA, Joyce Nkemakoloam, also hinted that both Caverton Helicopters and ACASS denied having any dealings in flight clearance application.
However, the tone of the hearing changed when the Rivers State Government was given the floor to make its presentation.
With documents to back up its claims, the Rivers State Government put to lie, all presentations made by the minister and the agencies, saying the aircraft does not belong to the Rivers State Governor as insinuated.
The state government also made known, with documents the claim that it engaged Caverton Helicopters to assists in the process of purchase from overseas, and registration with the appropriate authority.
However, Caverton Helicopters denied this claim, a situation that drew the anger of the committee members when it dawned on them during questioning that representatives of Caverton were lying with an intent to support the Aviation Ministry against the Rivers State Government.
Most members of the committee also expressed their reservations with the ministry for its inconsistency in the answers provided to questions thrown at them.
Committee members frowned at the arbitrariness of the ministry in grounding the plane without following laid down laws which mandates the ministry to inform the owners of aircraft of their offences before doing so.
They expressed concern over roles played by agencies like the Nigerian Civil Aviation Authority (NCAA), Nigeria Airspace Management Authority (NAMA) and Federal Airports Authority of Nigeria (FAAN) .
Joint Chairman of the hearing and chairman of Justice Committee, Ali Ahmed, quoted copiously from relevant sections of the NCAA Act, especially Section 35 which forbids any form of sanction until due notification by writing to aircraft owners was done.
When the committee members were not satisfied with answers being provided to most of the questions on private jet ownership and registration in Nigeria, they demanded that within two days, the committee be furnished with relevant documents belonging to all private jets in the country.
Some of the documents demanded for are status of registration, number of private jets in the country, letter of purchase, ownership and their insurance certificates.
Similarly, another member of the committee, Jerry Manwe, requested the minister to explain why the officials denied knowledge of the controversial jet.
He also challenged Oduah to give reasons why it took aviation officials so long to discover that a jet carrying Coat of Arms of Rivers State lacks due documentation to fly within Nigerian airspace.
Nasir Ali Ahmed in his comments chastised the ministry and its agencies for collecting revenues from an aircraft they claimed they didn’t know its ownership.
Some documents submitted by the Rivers State Government which the NCAA officials did not contest, showed that the Rivers State Government had been the one paying all charges on the plane when notice of payment were issued to Caverton Helicopters who handles the management of the plane.
Surprisingly, a letter presented before the committee on the revenue collected by NAMA on April 26 indicated payment of $389 to the Federal Government by the Rivers State Government for the usage of aviation facilities.
According to the Invoice Voucher, the amount covers Terminal Services Charge and Processing Fee, issued in the name of Jet N565RS operated by Global Express for Rivers State Government.
But in her response, the minister insisted “that there is no way in our system to identify reasons for the Coat of Arms on the plane.”
She said all documents submitted by Rivers State delegation led by Secretary to the State Government, George Feyii, were falsified.
According to her, “It is not just a clear violation of aviation laws, it is about falsification of documents.”
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