THE
ongoing war between Bi-Courtney Aviation Services Limited (BASL)and the Federal
Airports Authority of Nigeria (FAAN) over various issues took a new dimension
yesterday as the authority embarked on the destruction of outdoor adverts
placed by the Dr Wale Babalakin company at the Lagos local airport.
BASL
claimed that FAAN took laws into its hands and destroyed the adverts without
prior notification.
But
FAAN swiftly explained that it embarked on an exercise to get rid of all
illegal adverts both indoor and outdoor placed within the airport environments.
Speaking
through its spokesperson, Yakubu Dati, it insisted that FAAN as the landlord of
the airport environments had the right to get rid of any illegal structures
placed within its premises.
The
outdoor adverts destroyed according to BASL were those placed on the disputed
ongoing airport hotel project and the link bridge between the terminal and the
hotel.
BASL
accused FAAN of wilfully disobeying court order.
BASL
warned that the continuous flagrant disobedience to the rules of law would not
augur well for the industry in particular and the nation at large.
Briefing
journalists yesterday on the development at its headquarters, the Head of
Litigation, BASL, Mr. Tola Oshobi emphasised that the Federal High Court, Ikeja
Division in its judgment had told FAAN that it had no power to destroy any of
its properties.
“In
a comprehensive judgment delivered by Hon. Justice Stephen Jonah Adah, the
court decided that under the agreement, FAAN had no right whatsoever to take
laws into its hands. If there are any dispute between FAAN and Bi-Courtney,
this dispute must be resolved by arbitration in accordance with Article 22 of
the concession agreement.
“In
2009, the Federal High Court sitting at Abuja ordered the Federal Government of
Nigeria and FAAN to hand over the General Aviation Terminal to Bi-Courtney in
suit No. FHC/ABJ/CS/50/2009 delivered on Tuesday 3rd March, 2009. There have
been four appeals against this judgment all resolved in favour of Bi-Courtney.”
Oshobi
noted that BASL had reported the destruction of its outdoor adverts to the
Nigerian Police and other necessary security agencies while the court would be
notified soon on the action of the agency.
He
insisted that the concessionaire under the agreements it entered into with the
Government had the right to place adverts within its properties, stressing that
Governments all over the world has the obligation to comply with their own
laws.
He
decried that BASL was a victim at the moment and predicted that there would be
several other victims in the future.
He
challenged Bi-Courtney to visit the court of arbitration if it was not
satisfied with its step.
He,
however, added that the removal of all “illegal adverts” within the airport was
not only targeted at BASL, but at all advert agencies operating illegally at
the airport.
Dati
said the exercise would continue nationwide and would soon move to other
airports in the country.
“The
placement of such advert material infringed on advertisement rights of FAAN,
since the company or organisation responsible for the placing of the advert
material did not receive FAAN’s permission to do so.
“The
exercise to remove all illegal advertisements at all airports was informed by
the fact that the companies that have advert concession with FAAN have all
refused to honour the terms of agreement for the concession, and in defiance,
have continued to collect money from third party companies for advert placement
without paying its due,” he added.
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