The regular and relentless closure of airports by the Federal Government for “presidential movement,” which the traveling public has complained about for years, is now being challenged in court.
The regular and relentless closure of airports by the Federal Government for “presidential movement,” which the traveling public has complained about for years, is now being challenged in court.
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In a suit filed this morning at the Federal High Court, Ikeja, Mr. Femi Falana, the prominent human rights activist, is asking the court for a perpetual injunction restraining the Federal Government from closing airports for the movement of Very Important Personalities in any manner. He is also asking for a perpetual order forbidding the government from further suspending the landing of any aircraft in any manner whatsoever and howsoever.
Mr. Falana, who was in a group of air travelers and mourners which was prevented from landing at the Benin City airport last Friday, December 17, on their way to the funeral of Clara Oshiomhole, the wife of the Edo State Governor, wants the court to declare the practice as an illegal and unconstitutional violation of his freedom of movement.
Details of the suit, No: FHC/IKJ/CS/148m/2010, are as follows:
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A. A DECLARATION that the prevention of Arik Flight No: 6658 conveying the Applicant to Benin, Edo State from landing at the Benin Airport at about 10:45am on Friday, December 17, 2010 due to presidential movement is illegal and unconstitutional as it violates the Applicant’s freedom of movement guaranteed by Section 41 of the Constitution of the Federal Republic of Nigeria, 1999 and Article 12 of the African Charter on Human and Peoples’ Rights (Cap A9) Laws of the Federation of Nigeria, 2004.
B. A DECLARATION that the suspension of Arik Flight No: 6658 in the air space of the Benin Airport by the Respondent on Friday, December 17, 2010 is illegal and unconstitutional as it violates the Applicant’s fundamental right to life guaranteed by Section 33 of the Constitution of the Federal Republic of Nigeria, 1999 and Article 4 of the African Charter on Human and Peoples’ Rights (Cap A9) Laws of the Federation of Nigeria, 2004.
C. AN ORDER OF PERPETUAL INJUNCTION restraining the Respondent from further closing the airport for the movement of Very Important Personalities in any manner whatsoever and howsoever.
D. AN ORDER OF PERPETUAL INJUNCTION restraining the Respondent from further suspending the landing of any aircraft in any manner whatsoever and howsoever.
E. AN ORDER directing the Respondent to pay the sum of N500 million as damages to the Applicant for the infringement of his fundamental right to life and movement.
In a 17-paragraph affidavit in support of the application for the enforcement of his fundamental rights to life and movement Mr. Falana deposed to the fact that the Arik aircraft which conveyed him and 42 other passengers to Benin, Edo State on Friday, December 17, 2010 hovered at the Benin Airport for 35 minutes as it was prevented from landing due to presidential movement. Falana further stated that the pilot flew back to Lagos as the fuel in the aircraft was drying up.
By the time the Benin airport was opened Falana stated that he had to cancel his trip back to Benin as the programme would have concluded. Falana complained that while he was unable to attend the burial rites of Mrs. Clara Oshiomole, the late wife of Comrade Adams Oshiomole, his friend and client President Goodluck Jonathan attended the same event. In his written address Mr. Falana alleged that his freedom of movement was violated while his right to life was endangered when the Arik aircraft was abruptly suspended from landing at the Benin airport by NAMA contrary to Section 7 of the Nigerian Airspace Management Agency Act (CAP N90) Laws of the Federation of Nigeria, 2004 which has imposed a duty on NAMA to:
“a. provide air traffic services in Nigeria, including air traffic control, visual and non-visual aids, aeronautical telecommunications services and electricity supplies relating thereto, to enable public transport, private, business and military aircraft fly, as far as practicable and as safety as possible.
d. generally secure the safety, efficiency and regularity of air navigation;
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