NCAA vs BA/Virgin Latest: Probe Panel Begins Sitting On British Airways And Virgin Atlantic's $235m Fine

The Justice G. A. Oguntade-led panel set up by Nigerian Civil Aviation Authority, NCAA, to look into the legality and fairness of the $235 million fine slammed on British Airways and Virgin Atlantic Airways over price-fixing commenced sitting yesterday in Lagos.

The panel, however, adjourned  further hearing till January 9, to allow all the parties in the case to file their respective briefs/appeals to its secretariat in Lagos. Counsel to the airlines had said they were still expecting the NCAA to furnish them with more documents for their defence.

Speaking to newsmen after the adjournment, Justice Oguntade said the airlines were simply taking advantage of the laws in Nigeria to test the fairness or otherwise of the decisions taken against them by the NCAA. According to him, the panel was set up to review the decision of the aviation regulatory body against the two British carriers.

Justice Oguntade said the panel would operate with open mind to listen to the parties and look at the veracity of the agency’s claims of fare racketeering. He said:  “This is a panel to review some damages awarded against BA and Virgin Atlantic and the airlines concerned are taking advantage of the laws in Nigeria to test the correctiveness of the decision against them.

“There was a ruling against them and they are dissatisfied with the ruling and they came to the appeal panel to test the correctiveness of the decisions of the NCAA investigative committee. “All we have to do is to examine the basis of the decision  to know whether they were in accordance with the law.”

At yesterday’s hearing, British Airways was represented by Uzoma Azikiwe, Dan Agbor and Gbenga Ojo, while some top officials of  the airline, including Mr. Tunji Seymour and Mrs. Adetutu Otuyalo, were also present.

Similarly, Virgin Atlantic Airways  had Afolabi Caxton-Martins, Funke Agbor and Ben Unaegbunam representing it at the panel sitting, just as its United Kingdom lawyers, John Mc Inneas, and West African representative, Chief John Adebanjo, also registered their appearances.

Other members of the panel include K.G.B. Oguakwa, Alhaji Bala Ibn NaAllah, and Callistus E. Uwakwe, a senior lawyer and author of Introduction to Civil Aviation Law in Nigeria, who is also the panel’s secretary.