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Huhuonline.com can disclose that British Airways (BA) and Virgin Atlantic Airways (VAA) have been absolved of any wrong doing by the judicial Appeal Panel set up by the Nigerian Civil Aviation Authority (NCAA) to look into allegations that the two airlines
engaged in unhealthy practices.
The Judicial Appeal Panel affirmed that the two carriers had no case against and subsequently threw out the fine of $235 million fine handed them by the NCAA.
In a 20-page judgment to set aside the fine, the Panel, chaired by a retired Justice of the Supreme Court, George Oguntade, said that the NCAA Act of 2006 could not take action on a matter that was alleged to have been committed in 2004.
The panel took a critical look at the legality and fairness of NCAA’s investigation, report and findings with respect to the investigation into BA and VAA’s alleged collusion, deceptive, unfair and anti-competitive practices especially with respect to the Passenger Fuel Surcharge, PFS and resolved that the two companies had no case to answer.
Secretary of the Panel, Calistus Uwakwe, who later addressed journalists, said the verdict was a unanimous decision.
He said that though the allegations against the two carriers actually occurred as they were proved in the verdict, the NCAA could not impose a fine or any other sanctions because the violation occurred between August 2004 and March 2006, “whilst the provision of the law at that time prescribes a penalty of cease and deceased order.”
Reacting to the verdict, the Country Commercial Manager for BA, Kola Olayinka, commended the Panel on behalf of the Airline for upholding the rule of law, saying that it showed there was hope for the country.
Stressing that BA is innocent, he said the Panel decision would further encourage it to continue to uphold standards.
John Adebanjo of Virgin Atlantic Airline also expressed happiness that the verdict favoured his organization.
“We are happy with the decision. We will continue to work with the NCAA. We believe that right from day one, we have not breached any Nigerian law,”adding that as usual the organization would continue to hold the office of the Director General of NCAA in high esteem.
The Nigerian government, through NCAA, had fined British Airways $135 million and Virgin Atlantic $100 million over what it described as unfair trade practices that resulted in the increase in air fare prices in the country.
The fine coincided with the BASA row between Nigeria and Britain at that period. two countries, but an official of the government of the country denied that the action of the government was a response to the conflict.
