Passengers stranded as court grounds Arik Air

Many air passengers of Arik Air were left stranded at the Murtala Muhammed Airport, Lagos, and the Nnamdi Azikiwe Airport in Abuja on Tuesday.

The trips were abruptly stalled after the Nigerian Airspace Management Agency grounded an aircraft owned by the airline over a court order instituted by the airline’s creditor and billionaire businessman, Arthur Eze.

PUNCH learned that Eze went to court in protest against his unpaid $2.5m by the founder of Arik Air, Johnson Arumemi-Ikhide.

In a statement by the spokesperson of NAMA, Abdullahi Musa, on Tuesday, the agency said this development stems from an enforcement action by the FCT High Court on July 19, 2024, which involved attaching Arik’s planes to secure the debt.

“Arik was further given a notice of public auction of the planes by the court which was slated to hold on July 26, 2024 if they fail to pay the judgment debt,” the statement partly read.

While Arik has since obtained an ex-parte order stopping it from further execution, NAMA has yet to be formally served. In response, NAMA decided to ground the aircraft to preserve the subject matter of the dispute.

“We have decided to comply with the effect of the Supreme Court order, by grounding the aircraft (subject of dispute) so that they are not taken out of the jurisdiction of the court or tampered with in a way as to frustrate the courts,” the statement stated.

 “The minister, being a member of the inner bar himself understands the implication of the Supreme Court order dismissing the motion for leave to appeal and will not risk his license as a legal practitioner or his privilege as a Senior Advocate of Nigeria by engaging in acts that will frustrate an order of the Supreme Court of Nigeria,” NAMA affirmed.

This development dashed the hope of many travellers who had planned their movements to other destinations on Tuesday through the airline.

A passenger who simply identified himself as Mr Adeniran, said he had planned to attend a business meeting in Abuja on Wednesday morning but had to return home after the news got to him at the airport around 4:02pm.

“I am very disappointed, I will not only lose money for not making the appointment in Abuja, my company will also be surcharged for suddenly pulling out of a meeting we planned together in the last three weeks. What kind of a disappointment is this?

“Please as a journalist if there is a way you can appeal to them for us, let them fix us on another plane today. I am so frustrated now, I am not happy at all. As I speak with you I am on my way home. “

Also, a father of three, Aina Oluwaseun, whose children had gone on a holiday to Abuja, had bought tickets for the trio’s return on Tuesday afternoon but that did not happen.

Expressing his frustration, Aina said he had gone to the airport to speak with the officials of Arik Air in Lagos if his children could be put on another flight but met disappointment as the officials said there was nothing they could do to salvage the situation at the moment.

“I really do not know what to do. They are yet to refund our money, or are they expecting me to pay another airline to bring my children home? I am using this medium to appeal to them to either put my children on another aircraft or refund my money in 72 hours.”

 The Chief Executive Officer of Arik Air, Capt Roy Ilegbodu (in receivership) expressed shock over the grounding of the airlines.

According to him, the decision was made without warning or consultation, saying it would affect its operations.

Ilegbodu who spoke through a statement he personally signed, said, “Our priority has always been to connect people and facilitate commerce, especially on critical domestic routes. The grounding of our fleet disrupts these vital services, leaving passengers stranded and inflating already high travel costs.

“This decision hurts everyday Nigerians who rely on our flights for business, family, and essential activities.”

He added that the decision also disregards ongoing judicial processes.

He said on February 26, 2016, a judgement was made in favour of Atlas Petroleum International Limited and Arthur Eze. However, there is an ongoing case in the Federal High Court, where the Asset Management Corporation of Nigeria is asserting its secured interest in Arik’s assets.

 “Despite this, a writ of attachment was issued on July 18, 2024, targeting its aircraft, after which, further to an originating motion filed by AMCON, the High Court of the FCT on July 25, 2024, clearly instructed all parties to maintain the status quo.

“We therefore are perplexed as to the grounding of our fleet, which is an overreach of the ongoing judicial processes and directives of court.

“We believe this action undermines the rule of law and sets a dangerous precedent, prioritising unsecured private interests over the public good and the rights of secured creditors. We are committed to following the legal process and have full faith in the judiciary to resolve these matters fairly.”

He disclosed that Arik has always been a proud partner in Nigeria’s growth, providing reliable and safe air travel.

“We urge the authorities to reconsider this decision, lift the grounding order, and allow us to continue serving the public and supporting the economy. We stand with our passengers and employees during this challenging time and are working tirelessly to resolve this situation. Your support and understanding are greatly appreciated.”

However, a source hinted the PUNCH that on July 19, 2024, the enforcement department of the FCT High Court enforced an order made by the court regarding a debt of $2.5m owed by Arik Air to Atlas Petroleum International Limited by attaching their aircraft.