Airline operators: Why we rejected helicopter landing levy

The Airline Operators of Nigeria (AON) has explained why it rejected the helicopter landing levies for stakeholders.

In a statement on Thursday by Obiora Okonkwo, its spokesperson, AON said regulators do not provide any service to helicopter operators that would justify the imposition of the fee.

On May 31, the ministry of aviation and aerospace development announced that the helicopter landing levy was temporarily suspended after pushback from stakeholders — one month after approval of the levy.

Speaking on the issue, the AON said the collection of the fee by Naebi Dynamic Concepts Limited negates the legal frameworks of the Federal Airports Authority of Nigeria (FAAN) and the Nigerian Airspace Management Agency (NAMA).

“AON rejects the imposition of the Helicopter Landing and Take-off Fee for the following reasons: NAMA does not provide any additional service to helicopter operators to justify the imposition of the fee at all helipads, oil rig platforms, FSPOs, FSOs, etc. in Nigeria,” the statement reads.

“The approval and imposition of the Helicopter Landing and Take-off Fee at private helipads, oil rig platforms, FSPOs, FSOs etc when no service is provided at those locations to the helicopter operators by NAMA is contrary to the provision of section 7 (1) (r) of the then applicable NAMA Act as well as to section 1, paragraph 2 (1) of ICAO Document 9082.

“NAMA did not adhere to the policies, principles and guidelines contained in ICAO Documents 9082 (ICAO’s Policies on Charges for Airports and Air Navigation Services) and 9161 (Manual on Air Navigation Services Economics) before imposing the Helicopter Landing and Take-off Fee.”

Citing part 18, Section 18.8.1.1 (e) of the Nigeria Civil Aviation Regulations, the association said NAMA is required to adhere to the policies, principles, and guidelines contained in the documents.

The AON added that NAMA did not obtain the approval of the Nigerian Civil Aviation Authority (NCAA) before imposing the new fee on operators.

The group said the NCAA has the statutory power to regulate the charges made with respect to air traffic control and for the use of aerodromes and services provided at such aerodromes.

According to AON, NAMA did not consult “the helicopter operators and other stakeholders before imposing the Helicopter Landing and Take-off Fee”.

‘HELICOPTER FEE CHARGED IN DOLLARS INSTEAD OF NAIRA’

According to the association, the fee is charged and requested in dollars, contrasting the provision of Section 15 of the Central Bank of Nigeria (CBN) Act, which is “clear that the unit of currency in Nigeria shall be the Naira”.

“There is nowhere in the world where the Air Navigation Service Provider does not provide any service to helicopter operators but charges landing and take-off fees for landings and take—off on and from private helipads, oil rig platforms, FSPOs, FSOs, etc.,” the association said. 

“The examples given by the Ministry of Aviation and Aerospace Development in the Press Release of 13th May 2024 of where landing and take-off fee is paid are all of airports.” 

The engagement of Naebi Dynamic Concepts, AON said, “did not follow due process” as it failed to comply with the requirements of the Public Procurement Act for the procurement of the services of consultants.

The group thanked Festus Keyamo, aviation minister, for temporarily suspending the levy and for his leadership of the aviation industry and support for the growth and sustainability of Nigerian air operators.