NIGERIAN AIRSPACE MANAGEMENT AGENCY ACT

(1) There is hereby established a body to be known as the Nigerian Airspace Management
Agency (in this Act referred to as "the Agency").
(2) The Agency shall -
(a) be a body corporate with perpetual succession and a common seal;
(b) may sue or be sued in its corporate name; and
(c) own, hold or dispose of property (whether movable or immovable).

(1) There is hereby established for the Agency a Governing Board (in this Act referred
to as "the Board") which shall, subject to this Act, have general control of the
Agency.
(2) The Board shall consist of -
(a) a part-time chairman;
(b) one representative each of the following, that is-
(i) the Federal Ministry of Aviation;
(ii) the Nigerian Air Force;
(iii) the Nigerian College of Aviation Technology, Zaira;
(iv) Airline Operators of Nigeria;
(c) two other persons to represent public interest and who shall be persons who
possess cognate experience in aviation matters; and
(d) the Managing Director of the Agency.
(3) The part-time chairman and members of the Board, other than ex-officio members,
shall be-
(a) appointed by the President on the recommendation of the Minister; and
(b) persons of proven integrity and ability.
(4) The supplementary provisions set out in the Schedule to this Act shall have effect
with respect to the proceedings of the Board and the other matters contained therein.
[Schedule.]

Subject to the provisions of section 5 of this Act, a member of the Board, other than
ex-officio members, shall hold office-(a) for a term of four years in the first instance and may be re-appointed for a further
term of four years and no more; and
(b) on such terms and conditions as may be specified in his letter of appointment.

(1) Notwithstanding the provisions of section 4 of this Act, a person shall cease to
hold office as a member of the Board if-
(a) he becomes bankrupt, suspends payment or compounds with his creditors; or
(b) he is convicted of a felony or any offence involving dishonesty or fraud; or
(c) he becomes of unsound mind or is incapable of carrying out his duties; or
(d) he is guilty of a serious misconduct in relation to his duties; or
(e) in the case of a person possessed of professional qualifications, he is disqualified
or suspended, other than at his own request, from practising his profession
in any part of the world by an order of a competent authority made in respect of
that member; or
(f) he resigns his appointment by a letter addressed to the President.
(2) If a member of the Board ceases to hold office for any reason whatsoever before
the expiration of the term for which he is appointed, another person representing the same interest as that member shall be appointed to the Board for the unexpired term.
(3) A member of the Board may be removed by the President on the recommendation
of the Minister if he is satisfied that it is not in the interest of the Agency or the interest of
the public that the member continues in office.

There shall be paid to every member of the Board such allowances and expenses as
the Federal Government may from time to time, direct.

The Board shall have power to-(a) provide the general policies and guidelines relating to major expansion programmes
of the Agency;
(b) manage and superintend the affairs of the Agency;
(c) subject to the provisions of this Act make, alter and revoke rules and regulations
for carrying on the functions of the Agency;
(d) fix terms and conditions of service including remuneration of the employees of
the Agency; and
(e) do such other things which in the opinion of the Board are necessary to ensure
the efficient performance of the functions of the Agency.

(1) The Agency shall-
(a) provide air traffic services in Nigeria, including air traffic control, visual and non-visual aids, aeronautical telecommunications services and electricity supplies relating thereto, to enable public transport, private, business and military
aircraft fly, as far as practicable and as safely as possible;
(b) provide aerodromes at all the major Nigerian airports, the navigation services
necessary for the operation of aircraft taking-off and landing and integrate them
into the overall flow of air traffic within the Nigerian airspace;
(c) minimise or prevent interference with the use or effectiveness of all apparatus used in connection with air navigation and for prohibiting or regulating the use of all such apparatus and the display of signs and lights liable to endanger aircraft and endanger the use of the Nigerian airspace;
(d) generally secure the safety, efficiency and regularity of air navigation;
(e) require persons engaged in or employed in or in connection with air navigation, to supply meteorological information for the purpose of air navigation, as may be deemed appropriate from time to time;
(f) provide adequate facilities and personnel for effective security of navigational aids outside the airport perimeters;
(g) create conditions for the development, in the most efficient and economic manner, of air transport services;
(h) procure, install and maintain adequate communication, navigation and surveillance
and air traffic management facilities at all airports in Nigeria;
(i) ensure an effective co-ordination in the use of the Nigerian airspace in line with established standards and procedures;
(j) ensure the co-ordination at all levels of decisions relating to airspace management
and air traffic control in Nigeria;
(k) hold meetings with the armed forces on Nigeria's international obligations as
they relate to civil and military co-ordination;
(l) promote familiarisation visits by civil and military personnel to air traffic service units;
(m) maintain permanent liaison with the civil air traffic services units and all relevant
air defence units, in order to ensure the daily integration or segregation of civil and military air traffic operating within the same or immediately adjacent portions of the Nigerian airspace, employing civil or military radars as necessary;
(n) obviate the need for civil aircraft to obtain special air defence clearance;
(o) take necessary steps to prevent, as far as possible, penetration of controlled
airspace by any aircraft, civil or military without co-ordination with the air traffic
control unit concerned;
(p) encourage research and development relating to all aspects of the Nigerian airspace designed to improve air safety;
(q) undertake systems engineering development and implementation for communications,
navigation and surveillance and air traffic management;
(r) charge for services provided by the Agency;
(s) co-ordinate the implementation of search and rescue services; and
(t) discharge the operational, technical and financial air traffic service commitments
arising from Nigeria's membership of international organisation and
other air navigation agencies.

(1) There shall be for the Agency a Managing Director who shall be appointed by the
President on the recommendation of the Minister and on such terms and conditions as
may be specified in his letter of appointment or as may be determined, from time to time,
by the Government of the Federation.
(2) The Managing Director shall be-
(a) the chief executive and accounting officer of the Agency;
(b) responsible to the Board for the day-to-day administration of the Agency;
(c) appointed for a term of five years in the first instance and may be re-appointed for a further term of five years subject to satisfactory performance;
(d) a person who possesses relevant and adequate professional qualifications in a
senior management cadre and shall have been so qualified for a period of not
less than fifteen years.

(1) The Board shall appoint for the Agency a Secretary who shall-
(a) be a legal practitioner and shall have been so qualified for a period of not less than twelve years;
(b) conduct the correspondence of the Board and keep the records of the Agency; and
(c) perform such other functions as the Board or the Managing Director, as the case may be may, from time to time, assign to him.
(2) The Board shall appoint for the Agency such number of employees as may in the
opinion of the Board be expedient and necessary for the proper and efficient performance of the functions of the Agency.
(3) Notwithstanding the provisions of subsections (1) and (2) of this section, the Board shall have power to appoint for the Agency either directly or on secondment from any public service in the Federation such number of employees as may in the opinion of
the Board be required to assist the Agency in the discharge of any of its functions under
this Act.
(4) Nothing in subsection (3) of this section, shall preclude the Board from appointing persons from outside the public service of the Federation or of the State whenever it deems it necessary so to do.
(5) The terms and conditions of service (including remuneration, allowances, benefits
and pensions) of the employees of the Agency shall be as determined by the Board.

(1) Service in the Agency shall be approved service for the purposes of the Pensions Act.
[Cap. P4.]
(2) The officers and other persons employed in the Agency shall be entitled to pensions,
gratuities and other retirement benefits, as are enjoyed by persons holding equivalent
grades in the civil service of the Federation.
(3) Nothing in subsections (1) and (2) of this section shall prevent the appointment of
a person to any office on terms which preclude the grant of pension and gratuity in respect of that office.
(4) For the purposes of the application of the provisions of the Pensions Act, any power exercisable thereunder by the Minister or other authority of the Government of the
Federation, other than the power to make regulations under section 23 thereof, is hereby vested in and shall be exercisable by the Board and not by any other person or authority.

There shall be established and maintained for the Agency a fund into which shall be
paid and credited-(a) all subventions and budgetary allocation from the Government of the Federation;
(b) all fees and funds accruing from-
(i) en-route local, international facility charges;
(ii) overflight charges;
(iii) charges on Class B messages;
(iv) 30 per cent of the air ticket sales charges;
(v) 30 per cent of the cargo sales charges;
(vi) sales of information;
(vii) violation of airspace fines;
(viii) rentage of property, plant and equipment;
(ix) contract registration fees;
(c) all fines payable for violation of air navigation regulations;
(d) all sums accruing to the Agency by way of gifts, endowments, bequests, grants
or other contributions by persons and organisations;
(e) all return on investments;
(f) foreign aid and assistance from bilateral agencies; and
(g) all other sums which may, from time to time, accrue to the Agency.

The Agency shall, from time to time, apply the funds at its disposal to-(a) the cost of administration and maintenance of the Agency;
(b) publicise and promote the activities of the Agency;
(c) pay allowances, expenses and other benefits of members of the Board and committees of the Board;
(d) pay the salaries, allowances and benefits of employees of the Agency;
(e) pay other overhead allowances, benefits and other administrative costs of the Agency; and
(f) undertake such other activities as are connected with all or any of the functions
of the Agency under this Act.

(1) The Agency may accept gifts of land, money or other property on such terms and
conditions, if any, as may be specified by the person or organisation making the gift.
(2) The Agency shall not accept any gift, if the conditions attached by the person or
organisation making the gift are inconsistent with the functions of the Agency under this
Act.

(1) The Board shall, not later than 30 September in each year, submit to the President through the Minister an estimate of the expenditure and income of the Agency during the next succeeding year.
(2) The Board shall cause to be kept proper accounts of the Agency in respect of each
year and proper records in relation thereto and shall cause the accounts to be audited not later than six months after the end of each year by auditors appointed from the list and in accordance with the guidelines supplied by the Auditor-General for the Federation.

The Board shall prepare and submit to the President, through the Minister, not later
than 30 June in each year, a report in such form as the President may direct on the activities of the Agency during the immediately preceding year, and shall include in the report, a copy of the audited accounts of the Agency for that year and the auditor's report thereon.

(1) The Agency may, from time to time, borrow by overdraft or otherwise, such sums as it may require for the performance of its functions under this Act.
(2) The Agency shall not, without the approval of the President, borrow money which exceeds at any time the limit set by the President.
(3) Notwithstanding subsection (1) of this section, where the sum to be borrowed is in
foreign currency the Agency shall not borrow the sum without the prior approval of the
President.
(4) The Board may, with the approval of the Minister, borrow on such terms and conditions, such sums of money as the Board may require in the exercise of the functions
conferred on it under this Act.
(5) The Board may, subject to the provisions of this Act and the conditions of any
trust created in respect of any property invest all or any of its funds with the approval of
the Minister or in accordance with any general guidelines approved by the President.
(6) The Board may invest any surplus funds in such securities as may be approved by
the Minister.

(1) The Agency shall be exempted from the payment of tenement rates and income
tax, on any income accruing from investments made by the Board or otherwise howsoever.
(2) The provisions of any enactment relating to the taxation of companies or trust funds shall not apply to the Board or the Agency.

(1) For the purpose of obtaining required information for the proper discharge of the
function conferred upon it under this Part of this Act, any authorised officer of the
Agency may by notice in writing-
(a) require any person who undertakes the business of carrying passengers or
cargo in an aircraft for reward, to furnish him such information relating to such
flights or classes of flights (whether beginning and ending at the same point or at different points) as may be specified in the notices, to furnish it with such information relating to the flight plan, instrument carried on the aircraft and any other information required for the safe landing within and exit of any aircraft
from the Nigerian airspace;
(b) specify the times at which, the form and manner in which, any information required
under paragraph (a) of this subsection shall be made.
(2)
In this section **"authorised officer"** means the Managing Director or any other
officer of the Agency specially or generally authorised by the Managing Director to carry
out the functions of an authorised officer under this section of this Act.

(1) If any person fails to give information as required under section 18 of this Act, he
is guilty of an offence and is liable on conviction to a fine or imprisonment as stipulated in the regulations made under the Civil Aviation Act.
[Cap. Ct3.]
(2) If any person knowingly makes a statement in any particulars given as aforesaid, which is false in a material particular, he shall be guilty of an offence and liable on conviction to a fine or imprisonment, or both such fine and imprisonment as are stipulated in the regulations.

(1) No estimates, returns or information relating to an air transport undertaking obtained
under the foregoing provisions of this Act shall, without the prior consent in writing
of the person carrying on the undertaking which is the subject of the estimates, returns
or information, be disclosed except-
(a) in accordance with directions given by the Agency, for the purpose of the exercise
of any of its functions under this Act; or
(b) for the purposes of any proceedings for an offence under this Act or any report
of those proceedings.
(2) If any person discloses any estimates, returns or any information in contravention
of the provisions of this section of this Act he commits an offence and is liable on conviction
to a fine or imprisonment as stipulated in the regulations made under the Civil Aviation Act.
[Cap. C13.]

(1) Any notice required or authorised by or under this part of this Act, to be served on
any person may be served either-
(a) by delivering it to the person concerned; or
(b) by leaving it at his proper address; or
(c) by post and addressed to the person at his principal office, however, where a notice is served by post otherwise than in registered letter, service shall not be deemed to have been effected, if it is proved that the notice was not received by the person to whom it was addressed.
(2) Any notice required or authorised to be served upon a body corporate shall be deemed to have been duly served if it is served on the secretary to the body corporate.
(3) For the purposes of this section, the proper address of any person on whom such a
notice as aforesaid is to be served shall-
(a) in the case of the secretary of a body corporate, be that of the registered or
principal office of the body corporate; and
(b) in any other case, be the last known address of the person to be served.
(4) Where the name of a person carrying on an air transport undertaking at any premises
is not known then, if any such notice as aforesaid is sent by post in a registered letter
so addressed as to show the name in which and the premises at which the undertaking is
carried on, the letter shall be deemed for the purpose of this section to be properly addressed.

(1) The Agency may subject to the Land Use Act, acquire any land for the purpose of
discharging its functions under this Act.
[Cap. L5.]
(2) If there is any hindrance to the acquisition of any land by the Agency under this Act (including any failure by the Agency to reach an agreement as to the amount to be
paid in respect of the acquisition) the Agency may apply to the Minister for a declaration
under subsection (3) of this section.
(3) The Minister on receiving an application from the Agency and after such enquiry as he may think fit, request the Governor of the State in which the land is situated to declare that the land is required for the service of the Agency and accordingly for an overriding public purpose.
(4) Where a declaration is made under subsection (3) of this section, the land to
which the declaration relates shall be deemed to be land required for the public purpose of
the Federation within the meaning of the Land Use Act and the Agency shall acquire the
land accordingly.
[Cap. L5.]
(5) Where a declaration has been made under subsection (3) of this Act in respect of
any land and-
(a) the land has been acquired pursuant to subsection (4) of this section; or
(b) the Governor of the State concerned is satisfied that there are no rights subsisting
in respect of the land,
the Governor may vest the land in the Agency by issuing a certificate of occupancy in respect thereof, in favour and in the name of the Agency.
(6) The compensation, if any, payable under the Land Use Act for the revocation of any rights relating to the land, where applicable, shall in the first instance be paid by the Federal Government, but the Agency shall refund to that Government any compensation so paid and all incidental expenses incurred by that Government.
(7) A plan of any land referred to in subsection (2) of this section-
(a) containing measurements of the boundaries of the land;
(b) showing the relationship of the land to any sufficient identifying mark; and
(c) signed by the Managing Director,
shall be a sufficient description of the land for the purpose of an application under that
subsection.
(8) The Agency shall not, without the approval in writing of the Governor of the State in which the land is situated, alienate, mortgage, charge or otherwise demise any immovable
property which has been vested in the Agency under this section or in respect of
which a right of occupancy has been so granted to the Agency.

(1) Subject to this section, the Agency may by its officers or agents with all necessary
workmen and other servants enter, from time to time, on any land or for the purposes of
the discharge of the Agency's functions under this Act and in particular, may enter upon any such land or premises for the purpose of-
(a) inspecting and examining lands, buildings and equipment of any air carrier;
(b) inspecting and examining accounts, records and memoranda required to be kept by air carriers;
(c) the cutting and removal of trees, underwood or structures as may interfere with
surveys and any installation which constitute a hazard to safety of air navigation.
(2) The Agency shall, when practicable, serve on the occupier of any land which it intends to enter pursuant to subsection (1) of this section, a notice which shall be in writing
giving a description of the nature of the works intended to be carried out on the land.
(3) In the discharge of its functions pursuant to subsection (1) of this section, the officers,
agents, workmen and servants of the Agency may remain on any such land for such
reasonable time as may enable them to execute and do all such work and things as may be necessary.

(1) In the exercise of the powers conferred upon it by section 23 of this Act, the Agency, its officers, servants and agents shall do as little damage as may be necessary and the authority shall pay compensation for any damage done to any building, crops and economic trees.
(2) In the case of dispute as to the amount of compensation payable, the same shall be
determined by a magistrate or district judge exercising jurisdiction in the place where the
land is situated or the High Court within whose area of jurisdiction the land is situated, as the case may require, and such decision shall be final and binding.

(1) Subject to the provisions of this Act, the provisions of the Public Officers Protection
Act shall apply in relation to any suit instituted against any officer or employee of the
Agency.
[Cap. P41.]
(2) Notwithstanding anything contained in any other law or enactment, no suit shall lie against any member of the Board, the Managing Director or any other officer or employee of the Agency for any act done in pursuance or execution of this Act or any other law or enactment, or of any public duty or authority or in respect of any alleged neglect or default in the execution of this Act or such law or enactment, duty or authority, shall lie or be instituted in any court unless-
(a) it is commenced within three months next after the act, neglect or default complained
of; or
(b) in the case of a continuation of damage or injury, within six months next after
the ceasing thereof.
(3) No suit shall be commenced against a member of the Board, the Managing Director,
officer or employee of the Agency before the expiration of a period of one month after written notice of intention to commence the suit shall have been served upon the
Agency by the intending plaintiff or his agent.
(4) The notice referred to in subsection (3) of this section shall clearly and explicitly state the cause of action, the particulars of the claim, the name and place of abode of the
intending plaintiff and the relief which he claims.

A notice, summons or other document required or authorised to be served upon the
Agency under the provisions of this Act or any other law or enactment may be served by
delivering it to the Managing Director or by sending it by registered post and addressed to the Managing Director at the principal office of the Agency.

(1) In any action or suit against the Agency no execution or attachment of process in the nature thereof shall be issued against the Agency.
(2) Any sum of money which may by the judgement of any court be awarded against
the Agency shall, subject to any direction given by the court where notice of appeal of the said judgement has been given, be paid from the general reserve fund of the Agency.

A member of the Board, the Managing Director, any officer or employee of the
Agency, shall be indemnified out of the assets of the Agency against any proceeding, whether civil or criminal, in which judgement is given in his favour, or in which he is acquitted,
if any such proceeding is brought against him in his capacity as a member of the Board, the Managing Director, officer or employee of the Agency.

(1) Where an offence under this Act which has been committed by a body corporate
is proved to have been committed on the instigation or with the connivance of or to be
attributable to any neglect on the part of a director, manager, secretary, head of branch or project manager or other similar officer of the body corporate, or any person purporting
to act in any such capacity, he as well as the body corporate, where practicable, shall be
deemed to have committed that offence and liable to be proceeded against and punished
accordingly.
(2) Where a person is convicted of an offence under subsection (1) of this section, he
shall-
(a)
in the case of an individual, be liable to a fine of N5,000 or to imprisonment
for a term of six months; and
(b) in the case of the body corporate, be liable to a fine of not less than N50,000.

(1) The Agency shall, after notice and the hearing of a complaint or on its own initiative and investigation, determine whether any person is violating any provisions of this Act, regulations, rules or order made thereunder.
(2) If the Agency is satisfied after such hearing that such a person is violating any provisions of this Act, regulations, rules or orders, as the case may be, it shall by order, require the person to take such action consistent with the provisions of this Act, regulations, rules or orders as may be necessary in the opinion of the Agency to prevent further violation of the provision of this Act, regulations, rules or orders.

The Federal High Court shall have jurisdiction to try offences committed under this
Act.

The Minister may give to the Agency directives of a general character with regard to
the performance or exercise by the Agency or Board of its functions or powers, as the
case may be, and it shall be the duty of the Agency or Board to comply with the directives.

The Board may, with the approval of the Minister, make regulations and bye-laws
generally for the purpose of carrying out or giving full effect to the provisions of this Act.

(1) On the commencement of this Act-
(a) the functions of the Directorate of Economic Regulation and Monitoring, relating to air transport operations including processing of licences and permits; and
(b) the functions of the Directorate of Safety Regulations and Monitoring,
(in this Act referred to as "the Directorates") shall be transferred to the Agency established
by this Act.
(2) For the purposes of the transfer effected by subsection (1) of this section and the
transfer of certain functions from the Minister to the Agency by this Act-
(a) the provisions of the Civil Aviation Act or any other enactment concerned with
or relating to civil aviation (including subsidiary instruments) made thereunder;
and
[Cap. C13.]
(b) the provisions of any contract or instrument connected therewith shall be read
and construed with such modifications (including additions, alterations, omissions
or repeals) as would bring them into conformity with the general intendment
of this Act.

(1) The statutory functions, rights, interests, obligations and liabilities of the Directorates,
existing before the commencement of this Act, under any contract or instrument, or in law or in equity shall, by virtue of this Act, be deemed to have been assigned to and vested in the Agency established by this Act.
(2) Any such contract or instrument as is mentioned in subsection (1) of this section,
shall be of the same force and effect against or in favour of the Agency established by this
Act and shall be enforceable as fully and effectively as if instead of the Directorates existing before the commencement of this Act, the Agency established by this Act has been
named therein or had been a party thereto.
(3) The Agency established by this Act shall be subject to all the obligations and liabilities
to which the Directorates existing before the commencement of this Act were subject immediately before the commencement of this Act and all other persons shall have the same rights, powers and remedies against the Agency established by this Act, as
they had against the Directorates existing before the commencement of this Act.
(4) Any proceeding pending or cause of action existing immediately before the commencement of this Act, by or against the Directorates existing before the commencement of this Act in respect of any right, interest, obligation or liability of the Directorates, may be continued or as the case may be, commenced in any court of law, tribunal or before any other authority or person and any determination of a court of law, tribunal or other authority or person may be enforced by or against the Agency established by this Act, to the same extent that such proceeding or cause of action or determination might have been continued, commenced or enforced by or against the Directorates existing before the commencement of this Act.
(5) All assets, funds, resources and other movable or immovable property which immediately before the commencement of this Act, were vested in the Directorates existing
before the commencement of this Act shall by virtue of this Act and without further assurance, be vested in the Agency established by this Act.
(6) Any person who immediately before the coming into force of this Act is the
holder of any office in the Directorates existing before the commencement of this Act,
shall, on the commencement of this Act, continue in office and be deemed to have been appointed to his office by the Agency established by this Act, unless the authority by which the person was appointed terminates the appointment.

(1)
Notwithstanding any other provision of this Act, unless the context otherwise requires-
**"Agency"** means the Nigerian Airspace Management Agency established by section 1
of this Act;
**"air navigation services"** includes information, direction and other facilities furnished,
issued or provided in connection with the navigation or movement of aircraft and
the control of movement of vehicles in any part of an airport used for the movement of
aircraft;
**"airport" **has the meaning assigned to it by section 17 of the Civil Aviation Act;
[Cap. C13.]
**"Agency"** means the Nigerian Civil Avjation Agency mean the Nigerian Civil Aviation Agency established by section 1 of this Act;
**"Board"** means the Governing Board of the Agency as constituted under section 2 (1)
of this Act;
**"bye-laws"** means bye-laws made under section 30 of this Act;
"cargo" includes mail;
**"flight"** means a journey by air beginning when the first person boards the aircraft in
question with intent to fly and ending when the last person disembarks;
"Managing Director" means the Managing Director of the Agency appointed pursuant
to section 8 of this Act;
**"member"** means a member of Board and includes the chairman;
**"Minister"** means the Minister charged with responsibility for matters relating to
aviation;
**"operator"** or **"air carrier"** in relation to an aircraft means the person for the time
being having the management of the aircraft;
**"power"** includes functions and duties;
**"premises"** includes lands, plants and ancillary works;
**"reward"** in relation to a flight, includes any form of consideration received or required
to be received wholly or partly in connection with the flight irrespective of the
person by whom or to whom the consideration has been or is to be given;
**"regulations"** in this Act where the context permits is a reference to the Civil Aviation
regulations made pursuant to the Civil Aviation Act.
[Cap. C13.]
(2) Every other term shall have the same meaning as contained in the Convention on
International Civil Aviation 1944 .

This Act may be cited as the Nigerian Airspace Management Agency (Establishment,
etc.) Act.