The Federal High Court, Abuja, has struck out the suit filed by the Aviation Ministry and the Federal Airports Authority of Nigeria over the concessioning of the General Aviation Terminal, GAT, of the Murtala Muhammed Airport, Domestic Terminal, MMA2 by Bi-Courtney Aviation Ltd.
The court, presided over by Justice A.R. Mohammed, in a judgment delivered on Friday, described the suit by the ministry and the Federal Airports Authority of Nigeria, FAAN, as an abuse of court process.
According to a copy of ruling, Justice Mohammed held that the issues canvassed by the plaintiffs (aviation ministry and FAAN) had been conclusively determined by Justice J. Chikere of the Federal High Court in Suit No: FHC/ABJ/CJ/50/2009.
The court noted that the decision of Justice Chikere in the previous suit, which was instituted by Bi-Courtney Aviation Services Limited, BASL, was binding on all agencies of the Federal Government.
Quoting aspects of Justice Chikere’s judgment, to justify its ruling, the court stated: “The parties named in the Relief 7 are agents/agencies of the Federal Government. They are agents/agencies of a named principal, that is, the Federal Government. Any order against the known principal binds the agents/agencies.
The agents/agencies stationed and operating at all airports terminal in Lagos State could not have operated without the support or approval of the Federal Government. They are therefore restrained, prevented or prohibited from operating scheduled flights in and out of Lagos State from any airport terminal other than MMA2 al Government.”