Monday, February 18, 2013

N’Assembly’s report on Dana crash may threaten US-Nigeria link



Implementation of the National Assembly’s recommendations on the Dana Air crash by the Federal Government may adversely affect Nigeria’s direct flight link with the United States of America, TUNJI ABIOYE writes
The United States of America may take a second look at its direct flight link with Nigeria if the Federal Government goes ahead to implement the Senate and House of Representatives Joint Aviation Committee’s report on the June 3, 2012 Dana Air crash, investigations by our correspondent have revealed.
The US Federal Aviation Administration’s Category One status, an approval for Nigerian-registered airplanes to operate commercial flights to America, was awarded the country in 2008 after a rigorous audit that lasted for many years.
Prior to the award, Nigeria had lost the coveted status for about 15 years, thereby making direct flights between it and US impossible.

But Nigeria did not just get the  US highest safety status in 2008 by merely fulfilling necessary safety and security requirements. Investigation by our correspondent revealed that the then US President, George Bush, personally wrote to the late President Umaru Yar’Adua, requesting him to write a letter of comfort, assuring that the Federal Government would not interfere with the autonomy and day-to-day running of its aviation regulatory body, the Nigerian Civil Aviation Authority.
It was after the personal letter was written by Yar’Adua to Bush that the US agreed to award its FAA Category One status to Nigeria in 2008.
The Category One certification was issued in Abuja at an elaborate ceremony attended by former US Ambassador to Nigeria, Ms Renee Sanders; former Minister of Aviation, Mrs. Fidelia Njeze; Director-General, NCAA, Dr. Harold Demuren, and other top government functionaries.
Presidency and Aviation Ministry sources, however, said the US might have taken keen look at its Category One status given to Nigeria following recent developments in the aviation sector.
It was learnt that the recent joint Senate and House of Representatives report on the Dana crash, which asked the Executive arm to withdraw the Air Operators Certificate of Dana, a few weeks NCAA examined and re-issued the licence to the carrier was being viewed as a sign of interference in the autonomy and day-to-day running of NCAA.
Sources in the Presidency and Ministry of Aviation, who are familiar with the development, said the executive arm of the government needed to be careful with the Dana crash report.
According to the source, the lawmakers need not have dabbled into investigations on the Dana crash since it is purely a technical matter, which they don’t have knowledge about.
Besides, the source said government needed the opinion of aviation experts, advising the lawmakers against commencing investigation into the crash.
Among other things, local aviation experts had said only the Accident Investigation Bureau had the statutory right to investigate the crash.
The decision to commence the investigation as well as the pressure on the Executive arm to implement the recommendations, it was learnt, might put the US at loggerheads with Nigeria.
Presidency and Aviation Ministry sources said the National Assembly’s report on the Dana crash not only contradicted the provisions of the Nigerian Civil Aviation Act, 2006, but also contradicted the letter that the late Yar’Adua wrote to Bush in 2008 before the award of US Category One to Nigeria.
Meanwhile, a copy of the letter of comfort to Bush, dated May 9, 2008, has been obtained by our correspondent.
The letter, which was personally signed by Yar’Adua, gave assurances to the US that Nigeria would not interfere with the autonomy and day-to-day running of the regulatory agency.
The letter reads in part, “I, Alhaji Umaru Musa Yar Adua, President of the Federal Republic of Nigeria, hereby convey my assurances to the Government of the United States of America and particularly, the Administrator of the US Federal Aviation Administration, and confirm that we have commenced the process of amending the following laws…
“I further give assurances that, pending the finalisation of the review, the NCAA shall continue to have full and unfettered authority for regulatory oversight of the entire aviation industry as required by the International Civil Aviation Organisation.”
The US Category One, which allows local airlines to operate commercial flights to the US, is currently being held by only four countries in Africa, namely Nigeria, South Africa, Cape Verde, and Ethiopia.
The US Category One is the highest safety standard in the world.
Industry experts said they would wait for the government’s reaction to the lawmakers’ report before they could react.
The lawmakers’ report on Dana, among other things, recommended the removal of Demuren and  his trial for criminal negligence.


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