Introduction
The Aviation Industry is the business sector that manufactures, maintains, and operates airlines (aircrafts) and airports. When it comes to aviation, there is a broad range of responsibilities within as it comprises the regulation of aerodrome and airline activities. It should be noted that since that fateful breakthrough of Thursday, December 17, 1903 in Kitty Hawk, North Carolina, USA when the Wright Brothers conducted the first heavier than air flight, the story and history of aviation has not remained the same.
The following few facts must be accepted before delving into this topic:
- Aviation is a GLOBAL business/industry;
- In Nigeria, aviation is in the Exclusive Legislative List of the Federal Government;
- Due to points 1 & 2 above, aviation reflects finesse of the finest class.
Since Aviation is a global business, it must be regulated; and wherever there is regulation, the Government is involved. In this context therefore, the “government” involved includes both International (ICAO) and National (Federal Government of Nigeria). In Nigeria, Government plays a critical role in the aviation industry. Since this is not a “Technical Paper”, and considering the targeted audience of majorly AVIATORS, we will try to limit the scope of our presentation to CIVIL AVIATION.
Government Agencies and Their Roles In The Nigerian Aviation Industry
FEDERAL MINISTRY OF AVIATION
The Federal Ministry of Aviation is one of the Federal Ministries in Nigeria that regulates air travel and aviation services.
ROLES
👉 formulation and management of government’s aviation policies in Nigeria;
👉 overseeing air transportation, airport development and maintenance;
👉 provision of aviation infrastructural services and other needs;
👉formulation of policies and strategies for the promotion and encouragement of civil aviation in Nigeria; and
👉 give directions to the Aviation Authorities on certain matters specified in the Act.
NIGERIAN CIVIL AVIATION AUTHORITY (NCAA)
This is a government agency saddled with the cardinal responsibility of REGULATING the Aviation Industry in Nigeria. The primary laws that govern the aviation industry in Nigeria are: the Civil Aviation Act 2006 (CAA), and the Nigerian Civil Aviation Regulations 2015 (NCAR). The Nigeria Civil Aviation Regulations were updated in 2015 to incorporate the International Civil Aviation Organization’s (ICAO) amendments to the ICAO Standard and Recommended Practices. A new part (Part 20) was added to the regulations to conform to ICAO Annex 19 on Safety Management System with other ancillary legislation such as several bilateral and multilateral agreements. The multilateral agreements include:
➡️ the Convention for the Suppression of Unlawful Seizure of Aircraft (Montreal, 1999);
➡️ the Convention for the Unification of Certain Rules Relating to International Carriage by Air (Warsaw, 1929);
➡️ the Convention on International Recognition of Rights in Aircraft (Geneva, 1948);
➡️ the Convention on International Interests in Mobile Equipment (Cape Town, 2001);
➡️ the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment (Cape Town, 2001);
➡️ the Convention on International Civil Aviation (Chicago, 1944); and
➡️ the Banjul Accord Group agreements and Yamoussoukro Decision.
ROLES
✅ registration and inspection of aircraft in Nigeria;
✅ issuance, validation, renewal, extension or variation of certificates and licenses;
✅ inspection and regulation of aerodromes and aircraft factories;
✅ personnel licensing;
✅ regulate the civil aviation industry in general;
✅ consumer protection;
✅ economic regulations of the industry; and
✅ oversight functions of Airports, Airspace; and Meteorological Services.
FEDERAL AIRPORTS AUTHORITY OF NIGERIA (FAAN)
Established by the Federal Airport Authority of Nigeria Act 1996, its functions are geared towards ICAO Annexes 9 (Facilitation), 12 (Search and Rescue), 14 (Aerodromes), 16 (Environment), 17 (Security), Part of 18 (Safe Transportation of Dangerous Goods by Air), and 19 (Safety Management System).
ROLES
👉 maintaining and managing (Federal) airports in Nigeria; and
👉 development, provision and maintenance of all necessary services and facilities at airports and within the Nigerian airspace, for the safe, orderly and economic operation of air transport.
THE NIGERIAN AIRSPACE MANAGEMENT AGENCY (NAMA)
Established by the Federal Government of Nigeria, NAMA is supported by Annexes 4 (Aeronautical Charts and Maps), 10 (Aeronautical Telecommunications), 11 (Air Traffic Services) and 15 (Aeronautical Information Services).
ROLES
👉 provision of air traffic services in Nigeria including air traffic control;
👉 provision of visual and non-visual aids;
👉 provision of aeronautical telecommunications services;
👉 provision of Aeronautical Information Services;
👉 parking of airways; and
👉 aeronautical equipment calibrations and electricity supplies relating thereto.
NIGERIAN METEOROLOGICAL AGENCY (NIMET)
The Nigerian Meteorological Agency (NIMET) came into existence by an Act of the National Assembly – NIMET (Establishment) ACT 2003, enacted on 21st May 2003. It became effective on 19th June 2003 following Presidential assent. It acts to fulfill ICAO Annex 3 (Meteorological Services)
ROLES
👉 NIMET is a Federal Government agency charged with the responsibility to advise the Federal Government on all aspects of meteorology;
👉 to project, prepare and interpret government policy in the field of meteorology; and
👉 to issue weather (and climate) forecasts for the safe operations of aircrafts, ocean going vessels, and oil rigs.
👉 The Act also makes it the responsibility of the Agency to observe, collate, collect, process and disseminate all meteorological data and information within and outside;
👉 co-ordinate research activities among staff, and publish scientific papers in the various branches of meteorology in support of sustainable socio-economic activities in the country. In a nutshell, the mandate of NIMET is observing, analyzing timely and accurate reporting of weather and climate information for socio-economic development and safety of lives and property.
ACCIDENT INVESTIGATION BUREAU, NIGERIA (AIB)
The Accident Investigation Bureau – Nigeria, is a government agency domiciled in the Federal Ministry of Aviation. The Civil Aviation Act, 2006, Section 29 is the primary law that established the Accident Investigation Bureau as an autonomous agency that reports to the President of the Federation through the Honourable Minister of Aviation.
ROLES
👉 to investigate any civil aircraft accident and serious incident arising out of, or in the course of air navigation and occurring either in or over Nigeria, or occurring to Nigerian aircraft elsewhere.
👉 to comply with ICAO Annexes 8 (Airworthiness of Aircraft) and 13 (Aircraft Accident and Incident Investigation) to avoid issues with objectivity.
👉 fundamentally, to improve aviation safety by determining the circumstances and causes of air accidents and serious incidents, and providing safety recommendations intended to prevent recurrence of similar accidents. The purpose of this is not to apportion blame or liability.
NIGERIAN COLLEGE OF AVIATION TECHNOLOGY (NCAT)
This is a government “agency” with the primary role of providing human resource (development) in the aviation industry in Nigeria. NCAT undertakes training programs to meet both national and international requirements. Training is also provided in non-aviation specific areas such as computer equipment maintenance and satellite communication principles. Since its inception, NCAT has produced well over 20,000 professionals for the Aviation industry in Nigeria and beyond. The aviation training programs of NCAT are in conformity with ICAO standards and recommended practices. NCAT is an associate member of ICAO TRAINAIRPLUS, which is aimed at aligning the College with the ICAO initiative of standardizing and improving the quality of aviation training worldwide. It is also registered with the Aviation Accreditation Board international.
SPECIAL NOTES
- The International Air Transport Association (IATA) and ICAO are not government agencies or “regulators”. They are simply key Stakeholders in the global Civil Aviation Industry.
- INTERNATIONAL CIVIL AVIATION ORGANIZATION (ICAO) is funded and directed by 193 National Governments to support their diplomacy and cooperation in air transport as Signatory (Contracting) States to the Chicago Convention (1944).
- Its core function is to maintain an administrative and expert bureaucracy (the ICAO Secretariat), supporting these diplomatic interactions; and to research new air transport policy and standardized innovations as directed and endorsed by Governments through the ICAO Assembly, or by the ICAO Council which the assembly elects.
- Once Governments achieve diplomatic consensus around a new standard’s scope and details, it is then adopted by the 193 Countries/Member States in order to bring worldwide alignment to their national regulations, helping to realize safe, secure and sustainable air operations on a truly global basis.
- ICAO also serves as a critical coordination platform in civil aviation, though it is NOT a Global Regulator. The stipulations ICAO Standards contain never supersede the primacy of national regulatory requirements. It is always the Local, National Regulations which are enforced in, and by, Sovereign States, and which must be legally adhered to by Air Operators making use of applicable airspace and airports.
- INTERNATIONAL AIR TRANSPORT ASSOCIATION (IATA)
IATA’s mission is that of representing the Airline Industry, advocating for the interests of airlines across the globe, and striving for sensible regulation. Just like with the ICAO, it is NOT a government agency.
- INTERNATIONAL AIR TRANSPORT ASSOCIATION (IATA)
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Conclusion
The Aviation Industry is still growing; and attempts at flying cars and drones for varied functions and the increasing demands for MORE will only make the role of government agencies to be more indispensable because without them, quite a few things may go wrong.
Reference
- Babalakin & Co – Olawale Akoni, Precious A. Adebanjo,
- Olamide F. Aiyeola and Martina Aguocha
- https://nimet.gov.ng/about-nimet/
- https://www.nama.gov.ng/
- https://www.iata.org/
- https://www.icao.int/about-icao/Pages/default.aspx
- https://aib.gov.ng/