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July 30, 2024 NAMA Grounds Arik Aircraft Over $2.5m Debt

The Nigerian Airspace Management Agency (NAMA) has grounded several aircraft belonging to Arik Airline due to a $2.5 million debt. According to a statement by NAMA on Tuesday, this action follows an order from the enforcement department of the FCT High Court, concerning the debt owed by Arik to Atlas Petroleum International Ltd.

The statement explained that on July 19, 2024, the High Court's enforcement department executed an order to attach Arik’s aircraft due to the unpaid debt. Arik was notified that a public auction of the planes would take place on July 26, 2024, if the debt remained unpaid. This notice was also served to NAMA and the Minister of Aviation.

Records indicate that Arik appealed a decision from the High Court of Lagos State in 2016, which ruled against them, to the Court of Appeal. This appeal was dismissed on September 30, 2021. Arik then sought permission to appeal to the Supreme Court, which denied their application on January 9, 2024.

The judgment creditor, Atlas Petroleum, registered the Lagos State High Court's judgment with the High Court of the FCT. On June 26, 2024, Justice O. A. Adeniyi ordered the attachment of all Arik's moveable properties, including aircraft with registration numbers B737-700/5N-MJF, B737-800/5N-MJQ, DASH8-Q400, and 5N-BKX, to satisfy the judgment debt. These orders were also served to NAMA and the Minister.

Arik obtained an ex-parte order to stop further execution of the initial order, although this has not been formally served to NAMA. Despite this, NAMA decided to ground the aircraft to preserve the court's jurisdiction and prevent tampering with the disputed property.

The statement further emphasized that the Minister, a legal practitioner and Senior Advocate of Nigeria, understands the implications of the Supreme Court's order and will comply to avoid risking his license.

Both parties are encouraged to resolve their dispute swiftly so that the grounded Arik aircraft can return to service.

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