The Nigerian aviation sector has been grappling with significant revenue loss and security breaches due to the proliferation of illegal private charter operations. A recent report by a ministerial task force revealed a staggering loss of over N120 billion in the past decade, attributing this to regulatory loopholes, weak enforcement by the Nigerian Civil Aviation Authority (NCAA), and a lack of interagency cooperation. The report, commissioned by Aviation Minister Festus Keyamo, implicates several prominent entities, including major airlines like Arik Air and Max Air, corporations like Julius Berger and Nestoil, and even the Rivers State Government. This highlights the widespread nature of the issue and the involvement of influential players. The report further underscored outdated policies as a contributing factor to the sector’s stunted growth, raising concerns about the long-term health and competitiveness of the Nigerian aviation industry.
In response to these findings, the task force has proposed a series of corrective measures. These include the closure and restructuring of the General Aviation Terminal in Abuja to address security vulnerabilities, the repeal of the contentious 22-year aircraft age ban, and strengthened oversight by the NCAA to ensure regulatory compliance. Furthermore, the introduction of a licensing framework for air charter brokers is intended to increase transparency within the sector. The task force believes these measures are crucial for restoring regulatory integrity, bolstering safety standards, and positioning Nigeria’s aviation sector for sustainable growth and global competitiveness. However, despite these proposed solutions, aviation experts remain skeptical, citing the NCAA’s historical inability to effectively enforce regulations as a major obstacle to genuine progress.
Experts like John Ojikutu, an aviation security expert, have criticized the task force as ineffective, arguing that without stringent enforcement, illegal operations will continue unabated. Ojikutu points to the NCAA’s failure to enforce existing laws and the influence of high-profile individuals who protect illegal charter operators. He questions the NCAA’s ability to regulate foreign-registered aircraft, a significant portion of the illegal charter fleet, and highlights the difficulty in tracking these aircraft and their operations. Ojikutu also raises concerns about the lack of financial oversight for foreign operators, unlike Nigerian-registered airlines that are required to submit annual financial records to the NCAA. He emphasizes the link between financial health and safety, suggesting that the lack of financial transparency poses a significant safety risk.
Olumide Ohunayo, an aviation analyst, acknowledges the systemic failures while advocating for a collaborative approach to address the crisis. He emphasizes the importance of interagency synergy between the NCAA, NAMA (Nigerian Airspace Management Agency), and airport authorities to monitor illegal flights effectively. Ohunayo proposes leveraging technology by moving aviation processes online to enhance transparency and facilitate the tracking of aircraft movements and operations. He also calls upon customs authorities to strengthen their oversight of aircraft importation and operations, emphasizing the importance of their role in addressing the issue. The consensus among experts highlights the need for a multi-pronged approach involving not only regulatory reforms but also robust enforcement and interagency collaboration.
Further complicating the issue is the difficulty in proving illegal charter operations. An anonymous source revealed that private aircraft owners often disguise commercial operations as private use, making it challenging to differentiate between legitimate private flights and illegal charters. The source explained that payments for these illegal charters are frequently made in cash and through intermediaries, further obscuring the financial trail and hindering investigations. The ambiguity surrounding the definition of “hire and reward” also presents a legal hurdle, allowing operators to exploit loopholes and evade prosecution. The lack of concrete evidence and the ability of savvy lawyers to exploit legal ambiguities make it difficult to build strong cases against these operators.
The formation of the ministerial task force in June 2024, spearheaded by Minister Keyamo, stemmed from widespread complaints from legitimate commercial air charter operators and security reports from intelligence agencies regarding money laundering, illegal drug smuggling, and other illicit activities facilitated by illegal charter operations. The task force was mandated to compile an inventory of all private non-commercial flight holders and air operator certificate holders and submit a report within three months. The report’s findings underscore the urgent need for comprehensive reforms and stringent enforcement to address the pervasive issues plaguing the sector and to restore public trust in the Nigerian aviation industry. Whether the proposed measures will be effectively implemented and lead to tangible results remains to be seen, given the historical challenges in enforcing regulations and the influence of powerful actors in the sector.
