Guardian

Action illegal, says firm

THE ongoing crisis between the Federal Airports Authority of Nigeria (FAAN) and Bi-Courtney in respect of the concession agreement took another dimension when in a commando-like style, security officials attached to the aviation agency embarked on the removal of outdoor advertisements placed by the concessionaire.

As early as 9 a.m. Thursday, FAAN deployed its trucks and officials numbering over 50, forcefully removing the giant advertisement billboards on the link bridge, connecting the Murtala Muhammed Airport 2 (MMA2) and another of its hotel facility that is still under construction.

As at the time of going to press, FAAN was yet to react or defend its action as its spokesman, Yakubu Dati promised to do so.

The action of FAAN caused huge traffic along the access road linking the domestic and international wings of the Lagos airport, just as men of the Nigeria Police were seen supervising the action.

Also removed were giant billboards advertising IBM on the walls of the hotel facilities. The hotel is directly facing the ultra modern MMA2.

Head of Litigation for Bi-Courtney Aviation Services Limited, Tola Oshobi and the Chief Executive Officer of the firm, Christophe Penninck at a press briefing yesterday alleged that FAAN along with some hoodlums and vandals pulled down, “bill boards erected by Bi-Courtney at the airport today (yesterday)”, describing the action as a violation of the concession agreement.

Oshobi stated that on November 15, 2011, in a case between his firm and the managing director of FAAN, the issue of FAAN’s right to pull down advertisements installed by Bi-Courtney came before the Federal High Court for resolution.

His words, “In a comprehensive judgment delivered by Justice Stephen Jonah Ada, the court decided that under the agreement, FAAN had no right whatsoever to take laws into its own hands. If there are dispute between FAAN and Bi-Courtney, this dispute must be resolved by arbitration in accordance with Article 22 of the concession agreement”.

Quoting from the judgment delivered by Justice Ada: “The sum of it whether the Defendants can in any dispute relating to the concession agreement take action to resolve disputes without resorting to Article 12 of the said agreement for dispute resolution mechanism. It is obvious in the light of the said agreement that the Defendant cannot so act. It is ordered also in consequence of this that the parties should refer their dispute for amicable settlement as prescribed by their agreement”.

The FAAN and Bi-Courtney have been in constant dispute over the concession agreement.

In 2009, the Federal High Court sitting at Abuja ordered the Federal Government and FAAN to hand over the General Aviation Terminal to Bi-Courtney in suit No. FHC/ABJ/CS/50/2009 delivered on March 3, 2009.

Brandishing a copy of the judgments against FAAN, Oshobi disclosed that there had been four appeals against this judgment, “all resolved in favour of Bi-Courtney”.

“The orders contained therein are yet to be obeyed by FAAN. It has become very clear that FAAN is more interested in violence and disobedience of court orders than respecting the rule of law and public order”, he added.

In his reaction, Dati described the bill boards as illegal, adding that the placement of such advert material infringed on advertisement rights of FAAN, since the company or organisation responsible for the placing of the advert material did not receive FAAN’s permission to do so.

His words, ‘every advert placement within the airport premises, including the internal and access roads must be done with the authorisation of FAAN, which has the right over all airport land as contained in the act establishing the Authority.@

He explained that the exercise to remove all illegal advertisements at all airports was informed by the fact that the companies that have advert concession with FAAN have all refused to honor the terms of agreement for the concession, and in defiance, have continued to collect money from third party companies for advert placement without paying FAAN its due.