Shareholders and Directors of Arik Air Limited acting through Sir Joseph Arumemi-Ikhide, Chris Ndulue, Dr. Michael Arumemi-Ikhide and Engineer Sangowawa Olubiyi have filed a new Suit filed at the Federal High Court Lagos on the 27th of March 2017 through their lawyer, Mr. Babajide Koku (SAN) . They have prayed the Court amongst several reliefs for ‘a Declaration that the Defendants would be personally liable for any Air crash arising from non-compliance with the NCAA Act and Regulations including any claims for compensation and criminal liability arising therefrom’.
In their statement of Claim filed at the Court, the Plaintiffs have alleged that Arik Aircrafts are not receiving adequate and scheduled maintenance as well as regular supply of proper spare parts whilst the over 10 Aircrafts parked at the Arik Air Hanger are not on a maintenance and storage program and thus the safety of passengers currently being ferried on board the Aircrafts cannot be guaranteed. Furthermore in their statement of Claim, they have alleged that’ there is a potential that life’s of innocent Nigerians could be lost if proper spare parts, maintenance and storage programs are not implemented and that the occurrence of an Air Crash would be devastating to Nigerians as well as erode the decade long record of safety which the shareholders and Directors of Arik Air fought hard to maintain whilst diminishing the value of the Arik Air Limited.
The Plaintiffs accused the Receiver Manager appointed by AMCON of lacking the expertise and technical capacity to manage Arik Air, which has resulted in a decline in the fleet of the Air Line from 28 Aircrafts to about 4 operational Aircrafts. The Plaintiffs also are seeking Court Orders directing the Receiver Manager to procure spare parts from only credible suppliers and for the Court to direct NCAA officials and officers of IATA and ICAO to undertake an independent search and audit of the Airline to ensure compliance with safety standards.
It will be recalled that AMCON had on February 8, 2017 following a Court Order announced its takeover of Arik Air Limited, Nigeria’s hitherto biggest Airline. Mr. Oluseye Opasanya (SAN) of the law firm of Olaniwun Ajayi LP, was appointed as the Receiver/Manager of Arik Air Limited following the takeover by AMCON. AMCON’s position for taking over Arik Air Limited is to save the Airline from collapse in the best interest of the general public and the creditors amongst others in the aviation sector. AMCON on February 8 2017, secured by an Exparte application, an injunction restraining Arik Air Limited’s shareholders, directors, creditors, managers, officers, employees, servants, consultants, agents, representatives, privies from interfering with Mr. Opasanya (SAN)’s power to manage Arik Air Limited.
It appears that the Shareholders and Directors of Arik Air Limited are by the Suit trying to either prevent the occurrence of an Air crash and loss of lives and to be held guiltless of any Air crash that may unfortunately occur on Arik Air Aircrafts due to issues of maintenance, spare parts and storage of Aircrafts.
Arik court action 1
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