Abstract
It is no longer news that the Nigerian Airspace Management Agency (NAMA) is beginning to address some of the key issues in airspace management of lately, even though the most challenging event in the history of Aviation industry in Nigeria was the deregulation of the Aviation sector, the relaxed mood of the Nigerian Civil Aviation is responsible for higher traffic generated over the years. However, the growing trend in air traffic has been a source of concern in the global scene and the Nigerian Civil Aviation Sector is no exception. However, the main objective of this study is to examine the challenges facing air navigation service delivery in Nigeria with emphasis on NAMA.
INTRODUCTION
Air services are of great importance to the continent of Africa in general and to Nigeria in particular especially in the area of administrative and economic developments. It is also the fastest means of transportation in Nigeria. Furthermore, the growth of important administrative and mining centers has also encouraged the development of air services. The study of the airline is relevant for a number of reasons: First, aviation industry is still in the process of achieving its next phase of development and arouses interests’ in ever larger circles. This paper thus, focused on the management of aviation industry and the laws governing the operation in Nigeria although, the analysis of the national law, as a source of air law and management of aviation industry cannot be undertaken in isolation of other sources of air law. This is so because, the national laws on the management and operation of aviation industry owe much to other sources of air law. However, emphasis was placed on the analysis and effects of aviation law on the management and operations of aviation industry in Nigeria. A re-visit of such law has become necessary because, in spite of the multi-national conventions, treaties and national enact-ments put in place, the air transportation in Nigeria has become a source of worry and concern of all, that is, Ministry of Aviation, the Federal Government, Airline Companies, Air Agencies and Air transportation users. In short, the frequency of the air crashes between 2003 and 2008 lends credence to the above worry and concern. The unfortunate occurrences have raised series of questions as to the enforceability and adequacy of the air law and policies guiding the operation, management of air transportation and institutional efficiency and effectiveness of the air industry and the public institutions in charge of the air industry, National Aviation Management Agency (NAMA), International Commission for Air Navigation (ICAN), Nigerian Civil Aviation Authority (NCAA) Federal Airport Authority of Nigeria (FAAN), Airline Companies and finally the Federal Ministry of Aviation.
Filani (2006), Adeniji (2004), Fadugba (2005), Hassan (2007), are several works on air transport and they all agree to the fact that air transport has contributed to the overall socio-economic development by providing means of conveyance of persons, goods services etc. Though it is the most recent form of transport, it is also the most growing mode of transportation. Odugbemi (2000) in Wells (1994) on rapid development of air transport stated that “in a short span of 80 years, we have gone from making a few test flights to orbiting celestial bodies, from sliding along sand dunes to spanning oceans, from fear of isolated daring to everyday dependence on aviation, speeds have increased a thousand fold as have altitude and range capability. No longer is the sky the limit”. In a related development, Filani (2006) observed that “speed is one great asset possessed by the aircraft and it distinguishes it from other forms of transportation”. This makes possible the wider coverage of the area of a country or region during an operation within a short period of time. In Nigeria, the increased demand for air travels and the Federal Government’s policy to build a standard airport in each state capital, in the 1970’s, lead to Nigeria Airways taking up the challenge to expand its flight operations on scheduled basis to the state capitals e.g Benin, Calabar, Akure, Ilorin, Sokoto, Maiduguri etc., were connected. At its peak in 1983, Nigeria Airways carried over two million passengers on the domestic routes (Amusan, 2005).However, quite a number of changes have occurred in the Nigerian Aviation Industry. In the early days of air transport in Nigeria, activities of Nigeria Airways Limited was regulated i.e., no private investor was allowed to operate air transport service, the government both owns the airports and the aircraft that operate at these airports. This continued until late 1980’s when the industry was deregulated. Deregulation is the reduction or abolition of the role, involvement and intervention of the government in a given industry which is usually accomplished by opening the door to greater competition. But according to Roller and Sickles (1994) in Bamigboye (2000), deregulation in Airline industry was seen as the airline liberalization involving increased competition, relaxation of price controls and opening market access for potential investors to come in, before now civil aviation in Nigeria was synonymous with Nigeria Airways, the erstwhile national carriers but now, the country has about 178 registered independent airlines as a result of deregulation policy of the government (NCAA, 2005). The policy which came into full effect in 1991 broke the monopoly of Nigeria airways and opened up the industry for mass participation. It also created the need for the establishment of several aviation parastatals, with each specializing in the provision of requisite aviation services in tune with the dictates of the International Civil Aviation Organization (ICAO). The effectiveness and efficiency of the aforementioned agencies within aviation industry seems to be in doubt as within a span of forty eight months, Nigeria air Industry recorded unprecedented fatal incidence of air crashes and missing aircrafts. Table 1 shows incidence of plane crashes in Nigeria. In view of the mentioned recent air mishaps in the aviation Industry; it is pertinent to look into operational management of aviation industry and revisit the law guiding the operation of the industry. Perhaps, there is a lacuna in law that needs to be filled or amended with a view to finding out the causes of incessant plane crashes in Nigeria and finding legal policy for forestalling future plane crashes through legal recourse. It is therefore these shortcomings arising from inadequacy of aviation law and institutional weaknesses of the Government agencies responsible for managing aviation enterprises that constitute the concern and objectives of this study.
STATEMENT OF THE PROBLEM
The air transport industry has growth enormously high recent decades and is projected to continue growing strongly into the next century, particularly internationally. Over the past thirty years, the number of passengers worldwide grew from 117 million in 1965 to an estimated 1.26 billion in 1995. United State airline passengers for the same period grew from 103 million in 1965 to an estimated 548 million in 1995. Also common carrier offer scheduled and charter flight to international, regional and local destinations. Depending on the length of the trip and the amount of cargo or number of people to be carried, the airplane with varying sizes would be engaged. In addition, general aviation has become part of the air transport industry in the mid 1920‟s. This includes all flying in corporate-owned or leased aircraft and in air taxis, which provide on-demand services from fixed locations. While much of general aviation is commercial, the companies that offer these services are not legally defines as common carriers. Their services are provided to select clients at negotiated rates rather than to the public at large, and they do not have the same carrier certification requirements as the airlines. However, with the availability of common carriers and general aviation everywhere in the world, it is pertinent to state that many people especially in the developing countries do not have access to aviation services. The locational effect of the airports negatively. Though airline prices have declines, when adjusted for inflation globally, and the new competitive climate has fastened numerous innovations of benefit to travelers/including frequent-flyer program, many people could not still afford it in developing countries such as Nigeria. It is in an attempt to examine this phenomenon and offer possible explanations that this important topic on the challenges facing air navigation service delivery with emphasis on NAMA was chosen
