‘No documents’ — NCAA rejects Nigeria Air’s request to proceed to phase two of AOC acquisition

The Nigerian Civil Aviation Authority (NCAA) has rejected an
application by Nigeria Air to proceed to phase two in the process of obtaining
its air operators certificate (AOC).

In a letter dated June 2, 2023, NCAA said due to the
unavailability of a “formal application form” and other “necessary documents”,  the certification process cannot progress to
phase two.

“The authority is in receipt of your letter dated May 25,
2023, on the above subject matter,” NCAA said.

“Quite contrary to our earlier letter of 16th May 2023,
which enumerated the documents to be submitted with the formal application form
OPS 002, your letter of request to proceed to phase two has no inclusion of a
formal application form and the necessary documents referenced in the formal
application form.

 “Hence, the
certification process cannot progress to phase two without these required
documents.

“Please be reminded that your post holders’ letters of
commitment to Nigeria Air have a tenure of three months and as such expire now.
“

STAGES IN ACQUIRING
AN AOC

A year ago, the federal government granted an air transport
license (ATL) to Nigeria Air to commence operation.

But the proposed national carrier has been unable to
complete the requirements for the issuance of the AOC, which — among other
requirements for an airline to operate — is a note of authority issued to
airlines that fully guarantees them the right to begin air services.

There are five stages involved in acquiring the AOC,
according to NCAA.

In phase one, NCAA appoints a certification team and processes
the pre-application statement of intent form (AC-OPS 001). Discussions on all
regulatory requirements, the formal application and attachments, and any other
related issues will take place.

This process usually takes a week to complete.

Moving to the second phase, a formal application for
intending entrants where documents and manuals (including the curriculum vitae
of key management personnel) must be submitted for evaluation. The minimum
timeframe for the formal application phase is two weeks.

The third stage involves a document evaluation, where the
NCAA will review the applicant’s manuals and other related documents and
attachments to ensure conformity with the applicable regulations and safe
operating practices.

The minimum timeframe for the document evaluation phase is
three months.

From there, NCAA’s scrutiny moves to the fourth stage: the
demonstration and inspection — a key phase of the process carried out only
after a satisfactory documentation evaluation phase.

In this stage, a thorough audit by the certification team at
the applicant’s premises will be conducted to ensure that the proposed
procedures are effective and that the applicant’s facilities and equipment meet
the NCAA’s regulatory requirements.

Also in phase four, other demonstrations like the emergency
evacuation and ditching will be carried out, and after successes in these
exercises; a demonstration flight will be carried out. The minimum timeframe
for the demonstration and inspection phase is two months.

The fifth and final phase is certification and this means
once the airline has met the regulatory requirements of the civil aviation (air
navigation) regulations, the NCAA will issue the AOC with the appropriate
specifications and ratings.

The minimum timeframe for the certification phase is one
week, and after the issuance of the AOC, the applicant can engage in commercial
aviation activities in Nigeria.

BRIEF BACKGROUND ON
NIGERIA AIR

On May 26, 2023, the federal government unveiled Nigeria Air
in the country’s capital city amid controversy over its ‘inaugural’ aircraft.

Prior to its launch, domestic aviation firms, under the
aegis of Airline Operators of Nigeria (AON), had opposed the floating of the
airline over uncertainties in its ownership structure — a conflict that began
soon after Ethiopian Air was announced as the preferred bidder for Nigeria Air.

A federal high court in Lagos consequently restrained the
government from floating the airline.

As a result, the airline missed its operation deadline
several times.

However, Hadi Sirika, former minister of aviation, continued
to reiterate that the national carrier would fly before May 29.

When an aircraft intended for the use of Nigeria Air landed
in Abuja on May 26 — three days to the end of Sirika’s tenure — the minister
assured that a demonstration flight (usually in the fourth stage) would
commence soon.

“So, this airplane will be here and we will commence the
demonstration flight to show that we can do it. It is normally around 0-40
hours but it can be less. It can be five or even two hours and this is to
ensure that we are able and have the capacity to do it,” he had said.