CHAPTER ONE
INTRODUCTION
1.1 Background of the study
The Nigerian aviation industry has continued to grow and it is one of the fastest growing industry in the world with an average yearly traffic growth rate of 17% for domestic passengers and 21% for international passengers as well as 11% for aircraft movement. The air transport industry in Nigeria has become the driving engine of the Nigerian economy. The industry judging from its potentials will continue to grow. The Government has continued to transform the Nation's Airports including upgrading of infrastructures and provision of facilities which will go a long way to address facilities at the airports and efficiency of aircraft operations.
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 enactments 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. The Ministry of Aviation oversees the administration of the industry. The key functions in the industry are performed by six (6) Parastatals: The Nigerian Civil Aviation Authority (NCAA) – (the industry regulator), Nigerian Airspace Management Agency (NAMA) – (Air Navigation Service Provider), Federal Airports Authority of Nigerian – (FAAN) – (Airports Service Provider), Nigerian Meteorological Agency (NIMET)– (Aeronautical Meteorological Service Provider), Accident Investigation Bureau, and Nigerian College of Aviation Technology (NCAT) (Aviation Training Provider).This challenges gave room to government to deregulate the aviation sector. 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. 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. 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, Nigerian Airspace 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. Nigeria has been participating in the activities of the International Civil Aviation Organization (ICAO) on Environment which are aimed at improving the performance of international aircraft operations targeted at reducing global emissions. These participations are mainly at the Committees’ levels and attendance of ICAO seminars and symposia. 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 PROBLEMS
Considering the inevitability of air transport and the high level of risk involved, maintenance of good safety culture is considered imperative. At any given time, there are thousands of aircraft in flight, and thousand more taking off from or landing at airports. Part of the responsibility of ANSPs is to make sure that all these aircraft are safely separated from each other.
Safety and effectively managing increasing levels of air traffic will become critical if the number of passengers travelling by air more than doubles in the next 15yearss, as it is projected to. ANSPs face increasing challenges to air safety caused by this rapid growth. Unmanned Aerial Systems (UAS), more commonly known as drones, are coming more widely into use and are starting to occupy the same airspaces used by commercial and military aircraft, posing additional threats to safety and increasing the need for monitoring and control. Increasing density of air traffic will demand higher levels of safety, but unfortunately much of the infrastructure used by ANSPs is year out of date, and the implementation of modern technologies is slow in coming.
In response to safety demands the International Civil Aviation Organization (ICAO) and the International Air Transport Authority (IATA) have stipulated regulation to which Nigeria is a signatory. To this end, individuals, airlines and parastal within the aviation industry must be held accountable for unsafe behavior contrary to the above submission. However, most airlines in Nigeria do not work in tandem with foreign airlines with respect to ICAO and IATA safety rules.
Non-Airworthy aircrafts still ply the nation’s airspace, proper inspection of airports is seldom conducted, and defaulting operators cut corners and free themselves from stipulated sanctions. The main problem of the study therefore, lies in the inability of Nigeria Civil Aviation Authority (the regulatory body of the Nigeria aviation industry) to ensure effective control of airline and service providers within the country.
The above scenario has aggravated a shortfall in the quality and quantity of information into the authority, thus constituting a threat to the achievement of organization objectives to ensure aviation safety.
OBJECTIVE OF THE STUDY
The main objective of the study is to examine the air navigation service delivery system in Nigeria with emphasis on NCAA and ICAO regulatory standards, but to aid the completion of the study; the researcher intends to achieve the following specific objectives
- To ascertain the surveillance of NCAA on airlines operations, if there are in accordance with ICAO standards.
- To ascertain the level of compliance in communication between the airlines and the regulatory body (NCAA).
- To examine if NCAA safety measures to airlines are in line with ICAO standards.
RESEARCH QUESTIONS
In an attempt to achieve the already stated objectives, the following research questions have been raised.
(1) What is the level of relationship between surveillance on airlines by NCAA and ICAO?
(2) To what degree has the airline comply with communication standards in achievement of air navigation service delivery?
(3) To what extent is the safety measures related to the achievement of air navigation service delivery system?
SIGNIFICANCE OF THE STUDY
This study is intended to enable managers improve and increase their level of effectiveness in management. It would enable the government appreciate better the need to reposition the aviation sector by way of putting the right people in the right positions, implementing policies, bringing defaulters to the book, and ensuring that funds are not misappropriated. As the world is not static, but dynamic infact a global village, organizations may find the need to revitalize their operations, thus responding positively to the needs of the ever changing world. The study will also accord managers of airlines in Nigeria the opportunity to identify the major challenges facing them. While striving to achieve organizational goals, they are required to ensure that their daily operations are carried out in accordance with the stipulated rules and regulations of the International Civil Aviation Organization (ICAO), as directed by NCAA. It will also orientate them towards a positive appreciation of sound management, thus enhancing economic growth. The government will be re-educated by the findings of the work, especially with respect to non-implementation of recommendations. Thus government involvement can be re-oriented toward management, both assuming joint responsibility for a more meaningful implementation of recommendations/reforms.
Scope of the study:
The scope of the study is centered on the provisions of effective and efficient Air Navigation System delivery in the nation Airspace. The study tend to look at the coordination between the key players in the aviation industry, ranging from the regulatory body, ANSPs, and airlines operating in Nigeria to ascertain if there are operating within ICAO stipulated standard and recommended practices.
The study will also look at the challenges hindering the process of rapid growth within the nation aviation industries and some recommendations to help foster the required growth in other to encourage more players into the aviation sector.
Test of Hypotheses
In respect of the study, the following hypotheses will be examined at the course of the work.
H0: That accurate and reliable flight plan does not determine air-transportation safety in Nigeria.
H1: That accurate and reliable flight plan determines air transportation safety in Nigeria.
LIMITATION OF THE STUDY
But in the course of the study, there are some factors that limit the scope of the study;
AVAILABILITY OF RESEARCH MATERIAL: The research material available to the researcher is insufficient, thereby limiting the study
TIME: The time frame allocated to the study does not enhance wider coverage as the researcher have to combine other academic activities and examinations with the study.
FINANCE: The finance available for the research work does not allow for wider coverage as resources are very limited as the researcher has other academic bills to cover.
DEFINITION OF TERMS
Flight: This is a journey made by air especially in an air craft or plane.
Planning: This is a make detailed arrangements for something you want do e.g. travelling in the future.
Air craft: This can be refer to as any machine that can drive support in the atmosphere from the reactions of the air against the earth‟s surface.
Routes: It is way for travelling from one place to another.
Transport: This is the movement of passengers and goods from one location to another.
Boarding: The act of passenger and crew entering in air craft.
Air space: It is the area located above ground level, which in air craft traveled through.
Airport: An airfield with control tower and hanger as well as accommodation for passenger and cargo.
ORGANIZATION OF THE STUDY
This research work is organized in five chapters, for easy understanding, as follows
Chapter one is concern with the introduction, which consist of the (overview, of the study), statement of problem, objectives of the study, research question, significance or the study, research methodology, definition of terms and historical background of the study. Chapter two highlight the theoretical framework on which the study its based, thus the review of related literature. Chapter three deals on the research design and methodology adopted in the study. Chapter four concentrate on the data collection and analysis and presentation of finding. Chapter five gives summary, conclusion, and recommendations made of the study.
