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Operators Kick as Nigeria Opens Skies to More African Airlines

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  • Operators Kick as Nigeria Opens Skies to More African Airlines

More airlines from African countries are expected to begin frequent flights into Nigeria in the coming months following the inauguration of the Single African Air Transport in Addis Ababa, Ethiopia.

Industry sources stated that the restrictions on frequency of flights, capacity, route and ports of entry, and the 5th Freedom Traffic Right had been lifted.

“These are some of the areas that were negotiated before under normal bilateral agreements but as soon as a country signs the open skies agreement, the restrictions are reviewed,” the source explained.

Under the frequency clause, airlines of member states will no longer be restricted as long as they have traffic on their chosen routes, while the restrictions on capacity, which placed emphasis on the type of aircraft that should be used on certain routes, have been lifted.

On route and ports of entry, member states airlines’ now have the freedom to fly into one another’s countries through any viable city.

The 5th freedom traffic, on the other hand, means that within Africa, member state airlines can fly into one another’s countries and proceed to another without much restriction. For instance, a Nigerian airline can fly from Lagos to Accra, Ghana and proceed to Abidjan, Cote D’Ivoire if it finds traffic.

SAATM was inaugurated on the margins of the 30th African Union Summit and under the treaty, member states are expected to abolish any provisions in their Bilateral Air Services Agreement for intra-African air services that are contrary to the provisions of the Yamoussoukro Decision, and will operate without the need for such agreements to enhance the objectives of the treaty.

“The Yamoussoukro Decision had its own template, which member states are now implementing under SAATM; they are about 18 articles. For those 23 champion states, that template has become the automatic template, especially those integrating clauses such as unrestricted freedom,” an industry source stated.

“This will encourage competition and help the airlines to grow, although there will still be designation if there was no airline operating on a particular route. And despite these unrestricted movements, there will still be eligibility criteria for airlines through diplomatic channels,” another source explained.

SAATM is a flagship project of the African Union Agenda 2063, an initiative to create a single unified and liberalised air transport market on the continent.

It was adopted by the AU Assembly in 2015 as a way of implementing the Yamoussoukro Decision of 1999 that provides for full liberalisation in terms of market access between African states, the free exercise of traffic rights, the elimination of restrictions on ownership and the full liberalisation of frequencies, fares and capacities.

Nigeria was among the champion states that declared their solemn commitment to establish SAATM upon the adoption of the declaration by the Assembly of Heads of State and Government of the AU.

The 22 other states are Benin, Botswana, Burkina Faso, Cape Verde, Congo, Côte d’Ivoire, Egypt, Ethiopia, and Gabon.

Others are Ghana, Guinea, Kenya, Liberia, Mali, Mozambique, Niger, Rwanda, Sierra Leone, South Africa, Swaziland, Togo and Zimbabwe, while Burundi and Uganda are also reportedly gearing up to becoming members.

The Minister of State for Aviation, Senator Hadi Sirika, had noted before the inauguration that the full implementation of the Yamoussoukro Decision through SAATM offered Nigeria and the continent in general an opportunity to enhance traffic connectivity and significant growth in passengers’ volumes over the next few years.

According to him, as part of the Federal Government’s solemn commitment to the implementation of SAATM this year, it has constituted a national implementation committee to review all the subsisting BASAs to be in consonance with the Yamoussoukro Decision, while the process of domesticating the decision is ongoing.

The Director-General, Nigerian Civil Aviation Authority, Capt. Muhtar Usman, said the liberalisation would create more jobs in the aviation and tourism sectors of the continent, increase member states’ annual Gross Domestic Products and revolutionise interconnectivity within the continent, among others.

The Regional Director, Member and External Affairs, International Air Transport Association, Africa and Middle East, Adefunke Adeyemi, had before the inauguration, stated that it would increase Africa’s current two per cent share of the global passenger traffic by an additional five million people as well as help passengers save between 25 and 35 per cent on fares.

Airline operators in the country are, however, opposed to the idea, saying that Nigeria’s aviation industry had many unresolved issues that would not enable the operators to get the benefits of SAATM.

According to the Chairman, Airline Operators of Nigeria, Capt. Nogie Meggison, Nigerians still require over 34 visas to travel within Africa alone.

This, according to him, is an issue that should be addressed before opening up the skies.

He also urged the government to come out with a clear policy that would position Nigerian airlines to take full advantage of the open skies.

“Nigerian airlines are at a disadvantage to other African airlines that are largely government-owned and heavily subsidised. For instance, South African Airways got on the average about $350m yearly in the past decade; Kenya Airways got about $600m in 2016, while RwandAir has never published its financial results for over a decade. Yet they will be competing against Nigerian airlines with private finance at 28 per cent,” Meggison stated.

He also pointed out that Nigeria was the only country in Africa with eight entry points, while most of the other nations had only one entry point.

“Nigeria is simply not ready to handle the level of unfair competition that the full implementation of SAATM will bring upon the country.

“ A full implementation at this time will lead to massive capital flight, huge loss of jobs for our youths and mortgaging of our beloved children’s future, as well as a further collapse of the already failing Nigerian aviation system,” he added.

Industry sources, however, stated that there would be no going back on the open skies agreement.

“Once you sign, it is a confirmation that you accept the provisions of the treaty and Nigeria was one of the first 11 countries to sign. We should focus on its benefits. SAATM will help to integrate cultures and businesses, and a lot of countries are already responding by reviewing their visa issuing policies. It will create a healthy competition for airlines too,” one of the sources stated.

Is the CEO/Founder of Investors King Limited. A proven foreign exchange research analyst and a published author on Yahoo Finance, Businessinsider, Nasdaq, Entrepreneur.com, Investorplace, and many more. He has over two decades of experience in global financial markets.

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Nigeria Advances Plans for Regional Maritime Development Bank

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Nigeria is making significant strides in bolstering its maritime sector with the advancement of plans for the establishment of a Regional Maritime Development Bank (RMDB).

This initiative, spearheaded by the Federal Government, is poised to inject vitality into the region’s maritime industry and stimulate economic growth across West and Central Africa.

The Director of the Maritime Safety and Security Department in the Ministry of Marine and Blue Economy, Babatunde Bombata, revealed the latest developments during a stakeholders meeting in Lagos organized by the ministry.

He said the RMDB would play a pivotal role in fostering robust maritime infrastructure, facilitating vessel acquisition, and promoting human capacity development, among other strategic objectives.

With an envisaged capital base of $1 billion, RMDB is set to become a pivotal financial institution in the region.

Nigeria, which will host the bank’s headquarters, is slated to have the highest share of 12 percent among the member states of the Maritime Organization of West and Central Africa (MOWCA).

This underscores Nigeria’s commitment to driving maritime excellence and fostering regional cooperation.

The bank’s establishment reflects a collaborative effort between the public and private sectors, with MOWCA states holding a 51 percent shareholding and institutional investors owning the remaining 49 percent.

This hybrid model ensures a balanced governance structure that prioritizes the interests of all stakeholders while fostering transparency and accountability.

In addition to providing vital funding for port infrastructure, vessel acquisition, and human capacity development, the RMDB will serve as a catalyst for indigenous shipowners, enabling them to access financing at favorable terms.

By empowering local stakeholders, the bank aims to stimulate economic activity, create employment opportunities, and enhance the competitiveness of the region’s maritime sector on the global stage.

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Economic Downturn Triggers Drop in Nigerian Air Cargo Activities

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Activity in Nigeria’s air cargo sector declined with cargo volumes dwindling across airports in the country.

The decline fueled by a myriad of factors including rising production costs, diminished purchasing power, and elevated exchange rates, has underscored the broader economic strain facing the nation.

Throughout 2023, key players in the sector, such as the Nigerian Aviation Handling Company (NAHCO) and the Skyway Aviation Handling Company (SAHCO), reported notable decreases in their total tonnage figures compared to the previous year.

NAHCO recorded a six percent decline in total tonnage to 61.09 million kg, while SAHCO’s total tonnage decreased to 63.56 million kg. These declines were observed across various services, including import, export, and courier.

According to industry experts, the downturn in cargo volumes can be attributed to the escalating costs of production, which have soared due to various factors such as higher diesel prices, increased supply chain costs, and fuel surcharges.

Also, the adverse impact of elevated exchange rates, influenced by Central Bank of Nigeria’s policies on Customs Currency Exchange Platform, has further exacerbated the situation.

Seyi Adewale, CEO of Mainstream Cargo Limited, highlighted the challenges facing the industry, pointing to higher local transport and distribution costs, as well as the closure of production/manufacturing companies.

Adewale also noted government policies aimed at promoting local sourcing of raw materials, which have added to the complexities faced by cargo operators.

The broader economic downturn has led to a contraction in Nigeria’s economy, with imports declining as a response to the prevailing economic conditions.

Ikechi Uko, organizer of the Aviation and Cargo Conference (CHINET), emphasized the shrinking economy and reduced import activities, which have had a ripple effect on air cargo volumes.

Furthermore, the scarcity of foreign exchange and trapped funds experienced by carriers have contributed to the decline in cargo operations.

Major cargo airlines, including Cargolux, Saudi Cargo, and Emirates Cargo, have ceased operations in Nigeria, leaving Turkish Airlines as one of the few carriers still operating, albeit on a limited scale.

The absence of freighter cargo airlines has forced importers and exporters to resort to chartering cargo planes at exorbitant rates, further straining the air cargo sector.

 

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Point of Sale Operators to Challenge CAC Directive in Court

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Point of Sale (PoS) operators in Nigeria are gearing up for a legal battle against the Corporate Affairs Commission (CAC) as they contest the legality of a directive mandating registration with the commission.

The move comes amidst a growing dispute over regulatory oversight and the interpretation of existing laws governing business operations in the country.

Led by the National President of the Association of Mobile Money and Bank Agents in Nigeria, Fasasi Sarafadeen, PoS operators have expressed staunch opposition to the CAC directive, arguing that it oversteps its jurisdiction and violates established legal provisions.

Sarafadeen, in a statement addressing the matter, emphasized that the directive from the CAC contradicts the Companies and Allied Matters Act (CAMA) of 2004, which explicitly states that the commission does not have jurisdiction over individuals operating as sole proprietors.

“The order to enforce CAC directive on individual PoS agents operating under their name is wrong and will be challenged,” Sarafadeen asserted, citing section 863(1) of CAMA, which delineates the commission’s scope of authority.

According to Sarafadeen, the PoS operators are prepared to take their case to court to seek legal redress, highlighting their commitment to upholding their rights and challenging what they perceive as regulatory overreach.

“We shall challenge it legally. The court will have to intervene in the interpretation of the quoted section of the CAMA if individuals operating as a sub-agent must register with CAC,” Sarafadeen stated, emphasizing the association’s determination to pursue a legal resolution.

The crux of the dispute lies in the distinction between individual and non-individual PoS agents. Sarafadeen clarified that while non-individual agents, operating under registered or unregistered business names, are subject to CAC registration requirements, individual agents conducting business under their names fall outside the commission’s purview.

“Individual agents operate under their names and are typically profiled with financial institutions under their names,” Sarafadeen explained.

“It is this second category of agents that the Corporate Affairs Commission can enforce the law on.”

Moreover, Sarafadeen highlighted the integral role of sub-agents within the PoS ecosystem, noting that they function as independent branches of registered companies and should not be subjected to the same regulatory scrutiny as non-individual agents.

“Sub-agents are not carrying out as an independent company but branches of a company,” Sarafadeen clarified, urging for a nuanced understanding of the operational dynamics within the fintech and agent banking industry.

In addition to challenging the CAC directive, Sarafadeen emphasized the need for regulatory bodies to prioritize addressing broader issues affecting businesses in Nigeria, such as the high failure rate of registered enterprises.

“The Corporate Affairs Commission should prioritize addressing the alarming failure rate of registered businesses in Nigeria, rather than targeting sub-agents,” Sarafadeen asserted, calling for a shift in regulatory focus towards fostering a conducive business environment.

As PoS operators prepare to navigate the complex legal terrain ahead, their decision to challenge the CAC directive underscores a broader struggle for regulatory clarity and accountability within Nigeria’s burgeoning fintech sector.

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