Minister of Aviation and Aerospace Development, Festus Keyamo, on Wednesday in Abuja, signed the Irrevocable Deregistration and Export Request Authorisation (IDERA) Advisory Circular for the recordation and cancellation of leased aircraft in the country
Keyamo, who signed the document alongside Director-General, Nigeria Civil Aviation Authority (NCAA), Chris Najom, stated that the goal was to enable Nigerian airlines have access to dry-lease aircraft to boost operational capacity.
The minister explained that the document was an international requirement that would further raise Nigeria’s scores in the world of lessors and financiers. He said IDERA and aircraft lessor could apply administratively to NCAA for an aircraft to be taken out of the country.
He added that signing of the IDERA was a sine qua non for the Practice Direction recently signed by the Nigerian government to interpret the Cape Town convention.
Keyamo maintained that the judicial uncertainty affected Nigeria’s rating by the international community, causing the country to be blacklisted as an unsafe place for lessors to bring their aircraft.
According to him, “Having settled the judicial remedies through practice direction, we want to now turn attention to the administrative route by which aircraft can be deregistered and exported out of Nigeria.”
He explained that when an aircraft had finished its term for leases and wanted to be taken out of Nigeria, the lessors must go back to NCAA to deregister it.
Keyamo stated, “For the lessors coming into the country that want to take their aircraft out of the country when there is a dispute, there are two remedies, the judicial remedy is for the leases that run to court to get injunction, but the leaders can also go to court to seek permission to take their aircraft out, to which the court has 10 days to listen to the request and grant them the permission.
“The Aviation Roundtable group are patiently waiting for the signing of IDERA.”
The minister added that there were certain negotiations around the world by Nigerian airline operators that had been put on hold.
“Now some airlines are trying to access some aircraft on dry leases but they are on hold until we sign the IDERA document,” he stated.
The NCAA director-general stated that the Cape Town Convention and the associated Aircraft Protocol came into force in the United Kingdom in November 2015. He said it was aimed at reducing the cost of raising finance for large, high value mobile assets, which routinely crossed borders.
Najomo said in relation to registration and operation of aircraft in Nigeria, the main impact of the Cape Town Convention was the ability of the registered owner to request an Irrevocable De-Registration and Export Request Authorisation (IDERA) over an eligible aircraft. He said once an IDERA was recorded, the party that had been declared by the registered owner as the “authorised party” will be the only party with the right to de-register and export the aircraft.
Najomo stated that the smooth execution of the authorisation had been impeded by judicial pronouncements and unwilling lessees, saying the minister has taken the bull by the horn in ameliorating the consequences of the occurrence.
He announced the issuing of an Advisory Circular: NCAA-AC-AWS001, dated October 16, 2024 intended to provide information and guidance on the civil aviation regulatory requirements and procedures for recordation and cancelation of an IDERA and de-registration of aircraft and exporting aircraft, including aircraft objects located in Nigeria, for purposes of export remedies.
Kasim Sumaina
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