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AON says $300 landing levy for helicopters illegal

June 11, 2024332 views0 comments

Sade Williams/Business a.m.

The Airline Operators of Nigeria (AON) has kicked against the collection of helicopter landing levy by a private company, NAEBI Dynamic Concepts, introduced by erstwhile aviation minister, Hadi Sirika, saying it contravenes all known aviation regulations.

The association has also commended the current Minister of Aviation and Aerospace Development, Festus Keyamo, for suspending collection of the levy.

A statement by Obiora Okonkwo, a professor and also, spokesperson for AON stated that the association rejected the move by the government saying it contradicts all known aviation regulations.

It stated that the AON at a meeting held recently with the minister, made its position on the helicopter landing and take-off fee known.

It added that the meeting led to the temporary suspension of the collection of the fee and the setting up of a committee to look into the issues raised by the AON and other stakeholders.

“We commend the honourable minister for giving a listening ear to our position on the matter and for his great leadership of the aviation industry and support for the growth and sustainability of Nigerian air operators,” AON said in the statement.

Speaking on why the AON rejected ‘the imposition of the ‘Helicopter Landing and Take-off Fee’,  the association put forward the following reasons:

  • That the Nigerian Airspace Management Agency (NAMA) does not provide any additional service to helicopter operators to justify the imposition of the fee at all helipads, oil rig platforms, floating production storage and offloading (FPSO) units, floating storage and offloading (FSO) etc. in Nigeria;

  • The approval and imposition of the Helicopter Landing and Take-off Fee at private helipads, oil rig platforms, FPSOs, FSOs etc. when no service is provided at those locations to the helicopter operators by NAMA is contrary to the provision of section 7 (1) (r) of the then applicable NAMA Act as well as to section 1, paragraph 2 (1) of International Civil Aviation Organization (ICAO) Document 9082;

  • NAMA did not adhere to the policies, principles and guidelines contained in ICAO Documents 9082 (ICAO’s Policies on Charges for Airports and Air Navigation Services) and 9161 (Manual on Air Navigation Services Economics) before imposing the Helicopter Landing and Take-off Fee. Part 18, section 18.8.1.1 (e) of the Nigeria Civil Aviation Regulations require NAMA to adhere to the policies, principles and guidelines contained in those documents;

  • NAMA did not obtain the approval of the NCAA before imposing the new fee/charge/levy. Part 18, section 18.8.1.1 (b) of the Nigeria Civil Aviation Regulations require NAMA to obtain the approval of the Nigerian Civil Aviation Authority (NCAA) before imposing any new charges and fees for its services. NCAA has the statutory power to regulate the charges that may be made in respect of air traffic control and for the use of aerodromes and for services provided at such aerodromes; and

  • NAMA did not consult the helicopter operators and other stakeholders before imposing the Helicopter Landing and Take-off Fee. Part 18, section 18.8.1.1 (d) of the Nigeria Civil Aviation Regulations require NAMA to adhere to the principles and procedures of consultation with users, cost-relatedness, non-discrimination and transparency in the application of charges and fees.  it said.

The AON added that contrary to the Ministry’s Press Release of 13th May, 2024, neither NCAA nor FAAN is a party to the MoU between NAMA and Naebi Dynamic Concepts Limited for the collection of the Helicopter Landing and Take-off Fee at private helipads, oil rig platforms, FPSOs, FSOs etc., as those agencies had made it clear that they have no legal framework or justification to impose such a fee.

It stated further that the fee is charged and demanded in US dollars contrary to the provision of section 15 of the Central Bank of Nigeria Act, which is clear that the unit of currency in Nigeria shall be the naira.

“There is nowhere in the world where the Air Navigation Service Provider does not provide any service to helicopter operators but charges landing and take-off fees for landings and take-off on and from private helipads, oil rig platforms, FPSOs, FSOs, etc. The examples given by the Ministry of Aviation and Aerospace Development in the Press Release of 13th May 2024 of where landing and take-off fee is paid are all of airports.

“The engagement of Naebi Dynamic Concepts Limited did not follow due process as it did not comply with the requirements of the Public Procurement Act for the procurement of the services of consultants,” AON further stated.

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