Air Peace, Others Barred From Flying Into The US

Nigeria has been removed from the United States Federal Aviation Administration (USFAA) Category One Status under the International Aviation Safety Assessment (IASA) program, according to reports. This development means that no Nigerian airline, including Air Peace, which had plans to commence direct flights from Lagos to New York, can operate directly to any city or airport in the United States until Nigeria is re-audited and re-certificated by the FAA.

Nigeria first achieved the USFAA Category One Status in August 2010 after undergoing a rigorous five-year process. However, the country’s aviation standards reportedly declined, and the failure of any Nigerian airline to operate direct flights to the US for seven years contributed to the loss of this status. A new USFAA regulation stipulates that if a country’s airline does not operate direct flights to the US for two consecutive years, the country loses its Category One Status.

It remains unclear exactly when Nigeria lost its Category One Status, but a source close to the Ministry of Aviation and Aerospace Development disclosed that the delisting occurred before the 2023 general elections. The source further revealed that Hadi Sirika, the former Minister of Aviation, instructed aviation agencies and stakeholders to keep the information confidential to avoid influencing the elections.

The removal of Nigeria from the USFAA Category One Status has left the country without the ability to operate direct flights to the US, a position it has held since Arik Air, the last Nigerian airline on the Lagos-New York route, suspended its operations to the US in February 2017. Despite Nigeria’s delisting, United Airlines and Delta Air Lines continue to operate direct flights between the US and Nigeria.

Currently, seven other African countries retain their USFAA Category One Status: Cabo Verde, Egypt, Ethiopia, Kenya, Morocco, Rwanda, and South Africa. In total, 78 countries are listed under the Category One Status, including Argentina, Canada, France, and the United Kingdom, among others. Meanwhile, only five countries are listed under Category Two Status: Venezuela, Thailand, Russia, the Organisation of Eastern Caribbean States, and Bangladesh.

The industry expert equally reiterated that it was not due to the failure of infrastructure, safety, and aero-politics, but regretted the removal of the country from the status.

He said: “The sad thing about Nigeria is that since we signed ‘Open Skies’ agreement with the US, we were not operating to the country and they gave us five years to establish ourselves before they start operating into Nigeria, but we couldn’t do that. Then, Category One was signed under Dr. Harold Demuren and Arik Air stopped operating into the US in 2017 under Category One.

“Recall that Arik Air was used as one of the test airlines for Nigeria to achieve Category One and since Arik Air stopped, no Nigerian airline has operat­ed to the US. The fact is that other countries upgraded their rules, while Nigeria stopped. The fact of the matter is Nigeria has not infringed on any rule, but with their new rule, you have to comply.”

He, however, said that for any Nigerian airline to commence direct flight into the US, the Nigeria civil aviation would be re-audited by the USFAA, including the technical staff strength, safety and security apparatus layout.

Grp. Capt. John Ojikutu (rtd), the Chief Executive Offi­cer (CEO), Centurion Aviation Security Limited, confirmed that Nigeria lost the status about two years ago.

But Ojikutu attributed the delisting of the country to neg­ligent on oversight and enforce­ment of the safety and security regulations and programmes by the government.

For instance, Ojikutu men­tioned the recent safety and security audits of the civil aviation industry by the Inter­national Civil Aviation Organ­isation (ICAO), where Nigeria performed below industry standards and with numerous open items.

He emphasised that the country’s prime airport, Murta­la Muhammed Airport (MMA), Lagos, was lacking in security fence for over 20 years without any major improvement, while cases of incursions into the airport had climbed in recent times.

All these, he pointed out would result in the US FAA stopping Nigerian airlines from operating into the US.

He added: “The major prob­lem in the Nigerian civil aviation administration and manage­ment is the inconsistency of the appointments into the manage­ment positions and progression of the professional staff.

“We must prepare the Ni­geria Civil Aviation Authority (NCAA) again for another US FAA/Transportation Security Administration (TSA) Catego­ry One audit within a year from now to be able to pave the way for any designated flag carrier to fly to the US. Otherwise, the plan of Air Peace to go to the US can not materialise. As at now, the NCAA has no skills for any US FAA/TSA Category One audit.

“There are also other silent reports made to ICAO by the foreign airlines, which are not complementary to the NCAA oversight and enforcement of the safety and security in par­ticular.”

Engr. Femi Adeniji, the Chief Executive Officer (CEO), NIGAME Aircraft Consultancy Incorporation based in Florida, USA, explained that the delist­ing of Nigeria from Category One Status would affect the plan of Air Peace with its interna­tional flights to the US.

For Nigeria to return to the prime status, he advised the government to equip the NCAA with trained inspectors, experi­enced and complete re-organi­sation of the agency, including digitisations of regulations, which, he said, would give easy access to operators.

Besides, Capt. Mohammed Badamasi, an aviation analyst, purported that the recent incon­sistencies in safety and security in the industry may be responsi­ble for the loss of the Category One Status.

Badamasi queried the last time the NCAA carried out an internal audit of its activities that were supposed to prepare it for the mandatory external au­dit by any external bodies, won­dering if the agency was able to close all the gaps noticed in the last safety and security audits of Nigeria by ICAO.

Also, he explained that the Federal Airports Authority of Nigeria (FAAN) had failed in its responsibility of properly main­taining the infrastructure like buildings, runways, taxiway, lights and others, while security and safety at the airport perime­ter had also taken a flight.

He added: “In my own view, I see something wrong adminis­tratively. There are people who feel betrayed administratively. Internal wrangling. Leadership problems.

“A lot of hard work needs to be done with sincerity of pur­poses, having listed the grey ar­eas. Let them take a look at their visions and missions to deter­mine if they are still available.”

An AISA Category One rating means a country has the laws and regulations nec­essary to oversee air carriers in accordance with minimum international standards and that its civil aviation authority equivalent to the FAA for civil aviation matters meets interna­tional standards for technical expertise, trained personnel, record keeping and inspection procedures.

There are eight critical ele­ments required to be fulfilled before a country can scale the FAA audit. They are legislation, regula­tions, organisations, technical staff, technical guidance tools, licensing, continuous surveil­lance and resolution of safety concerns.