How to make our airspace safe: The Air Vice Marshall Paul Dike Report
IN 2006, after the Sosoliso air crash in Port Harcourt which claimed the lives of 61 secondary school children on holidays from Abuja, the Obasanjo government appointed high powered Air Vice Marshal Paul Dike (rtd) inquiry. Many of the task force’s recommendations were implemented and brought temporary sanity to our air space. It virtually stopped the almost regular air disasters until the horrible Dana Air crash of June 3.
Among the recommendations was that “NCAA should ensure stringent airworthiness certification procedures for aging aircraft. They should also re-orientate airworthiness inspectors on the necessary steps and checks on aging aircraft and ensure that the most experienced staff are assigned to inspect aging aircraft.
The Task Force also recommended that “Government should enforce the registration of foreign airlines operating in Nigeria to enable them pay appropriate taxes to Government in line with extant regulations.
“All aviation agencies should develop in-house maintenance manuals. This will serve as a standard against which maintenance performance levels could be measured at any given time.”
SUMMARY OF RECOMMENDATIONS
Among the recommendations was that “NCAA should ensure stringent airworthiness certification procedures for aging aircraft. They should also re-orientate airworthiness inspectors on the necessary steps and checks on aging aircraft and ensure that the most experienced staff are assigned to inspect aging aircraft.
The Task Force also recommended that “Government should enforce the registration of foreign airlines operating in Nigeria to enable them pay appropriate taxes to Government in line with extant regulations.
“All aviation agencies should develop in-house maintenance manuals. This will serve as a standard against which maintenance performance levels could be measured at any given time.”
SUMMARY OF RECOMMENDATIONS
SHORT TERM (WITHIN 6 MONTHS)
THE Task Force recommends that: 1. Government should consider aviation security as a national security issue in view of the strategic and economic importance of the industry.
The aviation industry is closely tied to the territorial integrity of the nation and its economic growth, and is, therefore, of strategic national importance .The absence of effective surveillance could unnecessarily expose the national airspace to terrorism and other attacks. Breach of aviation security has international repercussions as it tends to discourage international travel, tourism and investment. However, the facilities and training needed to counter the threats to aviation go beyond the capability of the industry alone. The Task Force is, therefore, of the view that Government should take aviation security as national security, and assist with the necessary funding.
2. Government should grant autonomy to the Nigerian,Civil Aviation Authority (NCAA). The Task Force observed that the existing legal framework governing aviation in Nigeria does not give NCAA the necessary operational and financial autonomy to effectively regulate the industry. It is noteworthy, however, that the new Civil Aviation Bill contains all the necessary provisions that will make the agency autonomous. Government should, therefore, expedite passage of the bill.
3. The new Aviation Bill should be passed before October 2006. This is a pre-requisite for the Nigerian aviation industry to pass the International Civil Aviation Organisation (ICAO) Universal Safety Oversight Audit Programme (USOAP) scheduled for November 2005, as it among other things, provides for the autonomy of NCAA. The bill’s passage before October 2006 is early enough for the forthcoming ICAO audit.
4. Government should urgently set up a committee comprising representatives from the Office of the Secretary to Government of the Federation, SGF; Federal Ministry of Aviation, FMA; Bureau of Public Enterprises, BPE; Nigerian Air Force, NAF; Airline Operators of Nigeria, AON; a legal practitioner with considerable experience in aviation matters, and a representative of aviation professional bodies, to review and harmonize the BPE/FMA versions of the bill.
Fundamental differences
There are fundamental differences between the two versions of the new Civil Aviation Bill. While the BPE version is predicated on a need to position the industry for privatization and greater private sector participation; the FMA version is focused mainly on meeting ICAO requirements. Both versions of the Bill could, therefore, be harmonized into a holistic framework which accommodates emerging realities without compromising the desired ICAO standards.
5. The NCAA Act should be amended to give the Authority the powers to develop, issue and raise operating regulations. This would free NCAA from interference in developing and implementing regulations geared at improving safety and security of aviation without referring to the Board or the Ministry. The existing provision is for the board of NCAA to perform this function. It brings undue bureaucracy and delay and is not in conformity with ICAO standards.
6. Government should, disengage all unqualified employees in NCAA and ensure that only core professionals of high integrity with requisite skill levels are employed. The Task Force observed that the manning level at the technical departments of NCAA was very poor and professionally deficient. In the Flight Operations Department, the pilots employed were few compared to the number of airplanes in the register. Due to poor remuneration, the Department could not attract high quality pilots.
The competence of some of the pilots was doubtful, so they could not command the respect of their peers. In the Airworthiness Department, most of the inspectors do not have the depth of practical experience necessary for the inspection of aircraft, and for conducting licensing examinations for maintenance engineers. The Task Force noticed that recent Ministerial moves have swept out most of these categories of personnel, but it has not gone far enough. Respected pilots in the industry or outside Nigeria should be brought in and in the correct numbers to man the Flight Operations and Licensing Division. Respected maintenance engineers with relevant practical background should be brought in, trained in inspection functions and injected into NCAA.
7 In addition to the existing requirements for the issuance of an Air Transport Licence (ATL), NCAA should ensure compliance with the following:
(a) Operators wishing to be issued an ATL/Air Operator Permit (AOP) should specify the particular tier of operation they are applying for and show evidence of corresponding capitalization as follows:
(i) Tier I: Domestic Airlines (within Nigeria) – Minimum capital requirement of N250 million.
(ii) Tier II: Regional Airlines (within Africa) – Minimum capital requirement of N500 million, and
(iii) Tier III: International Airlines – Minimum capital requirement of N1 billion.
(b) Operators currently holding an ATL should have up to March 31, 2007 to attain the new capita base.
(c)Operators who hold an ATL but are yet to commence operations should meet the new capital base before commencing operation. If they are unable to start operation before March 31, 2007, their ATL should automatically be revoked.
(d) An ATL holder wishing to commence scheduled service should have at least two aircraft.
(f) Maximum age of airplane to be imported for use in Nigeria should not exceed 21 years or 60,000 cycles at the time of entry.
Fairly good financial base
These requirements would ensure that airlines commence operations with a fairly good financial base and safety margin. The re-capitalised airlines will also have necessary fund for the maintenance of aircraft, recruitment and re-currency training of their staff.
8.Government should approve a short-term Aviation Bridge Finance of N32.86 billion for immediate rehabilitation, upgrading and/or provision of airport facilities, equipment, and associated infrastructure at four international airports namely, Abuja, Lagos, Kano and Port Harcourt; and for the priority projects of NCAA, Nigerian Airspace Management Agency (NAMA), Nigerian Meteorological Agency (NIMET) and Nigeria College of Aviation Technology (NCAT) as verified by the Task Force.
The thirty-two billion, eight hundred and sixty million naira (N32.86 billion) Aviation Bridge Finance would be used to fund specific projects to upgrade the four major international airports to ICAO standards. Details are given in Apendix 1 to this report. This would enable the country to pass the ICAO USOAP mission to Nigeria scheduled for November 2006. The fund would be syndicated by leading commercial banks and guaranteed by the Federal Government. The fund would be taken out by a long-term funding structure through the proposed Nigeria Aviation Development Fund.
9. Government should approve the removal of the five per cent Value Added Tax (VAT) on ticket sales and cargo charges. This is informed by the fact that VAT is never charged on ticket sales in any part of the world. The five per cent VAT could be ploughed back into the aviation industry to provide term funding.
10. Government should approve the introduction of five per cent Aviation Development Levy (ADL) on ticket sales and cargo charges.
Consumers of aviation services
The aviation industry in Nigeria needs a sustainable source of fund for its growth. The Task Force believes that such funding should not come from Government, but from the consumers of aviation services – passengers. By removing the five per cent VAT and introducing five per cent ADL, Government would be laying a solid base for aviation development in Nigeria without imposing any new tax on the public. The Development Levy should be reflected in the new Aviation Bill.
11. Government should approve the creation of a Nigeria Aviation Development Fund (NADL) and take steps to include it in the Aviation Bill. The NADF is a specialised funding scheme targeted at providing infrastructure funding for the aviation industry in Nigeria. The focal point of the NADF is to facilitate the rapid development of our airports to meet international standards. It should be funded by 50 per cent of the ADL, and would be managed by a Board of Directors.
12. Government should dedicate the Bilateral Air Service Agreement (BASA) Fund for infrastructural development regulation of the aviation industry through the NADF. Nigeria has Bilateral Air Service Agreement with several countries from which it derives approximately US$15.4 million annually. The Task Force has confirmed that this money is held in a dedicated account at the Central Bank of Nigeria (CBN) and has a balance of about US$36 million. Considering the poor state of infrastructure at all the nation’s airports, the Task Force believes that it should be ploughed back to the aviation sector through the NADF.
13. Government should approve the creation of a Nigerian Airline Support Fund (NASF) and take steps to include it in the Aviation Bill. The NASF is a funding scheme, which is structured to assist domestic airline operators in Nigeria acquire and renew their aircraft fleet. A known advantage of the NASF is that it provides a single point of negotiation for aircraft manufacturers to enter into agreement with Nigerian airlines which should be funded by 50 per cent of the ADL.
14. Government should complement the technical staff strength of the Aviation Agencies by engaging qualified and experienced local professionals on advisory/consultancy basis, from the list compiled by the Task Force (Appendix II), or from the Federal Aviation Authority (FAA) or United States of America, Civil Aviation Authority (CAA) Britain, ICAO, International Air Transport Association (IATA) from experienced foreign based Nigerians.
The Task Force observed the dearth of core aviators in the Agency occasioned by forced retirement and premature disengagements. Technical staff would therefore need to be improved. This would strengthen capabilities of the Agencies to discharge their duties efficiently and effectively, and invariably reposition the industry.
15.NCAA should be re-organised in line with ICAO document nine procedures for an airworthiness organisation; the restructured NCAA should in addition have:
a. Flight Strategy Overview Department, to be manned by highly skilled professionals of high integrity and charged with personnel licensing and training, aircraft operation worthiness.
b. Aero-Medical Unit which can either be attached to Personnel Licensing and Training Department, as is done in many developed countries, as with the Flight Safety Department. The DG NCAA should be free to choose from the alternatives.
c.Aero Medical Review Board established in accordance with ICAO Annex 1.2.4.7
d. Operations Inspection Unit established and operated as an independent entity, directly responsible to the DG. The size of the Operations Inspection Unit should be a function of the scale of the flight operations conducted in Nigeria by both commercial and general aviation.
The present structure of NCAA overburdens some departments, hence some key functions have not been thoroughly performed. The reorganisation would therefore ensure that the authority is adequately and professionally equipped to discharge its inspectorate functions.
16. NCAA should commence a full audit of the airlines and publicise its findings and actions. There have been allegations that airline operators skip mandatory inspections and engage in all kinds of unethical conducts.
It would, therefore, be necessary to correct this negative image by conducting a full audit – finance, operations, and airworthiness. This would help to build public confidence in the aviation industry.
17. NCAA should ensure that all deficiencies identified in previous ICAO audit reports as they relate to FAAN, NAMA, and NIMET are rectified before the next audit. To effectively prepare for this, monthly progress reports on measures being implemented should be made to the FMA and the Secretary to the Government of the Federation (SGF). ICAO audited the Nigerian aviation agencies in 2003 and raised a number of issues where the agencies needed improvement. It is, thus, necessary to properly address the deficiencies, before the next audit in November 2006. NCAA would need to provide effective oversight of all the activities preparatory to the ICAO audit.
18. FAAN should develop and implement a bird and wildlife reduction programme based on local threats assessments at airports. Birds and other animals constitute hazards to aircraft. The danger heightened during takeoff and landing. A wildlife programme organised by an ornithologist would help divert the birds away from the airports.
19. FAAN should develop and publish an obstacle clear limitation plan for every airport. A survey, based on the published limitations, should be carried out for all airports. Tall trees, high rise buildings and communication masts constitue some danger to air operations especially near the airports.
PLANE CRASHES IN NIGERIA
THE first plane crash in the country occurred on November 20, 1969. All the 87 passengers on board Nigeria Airways BAC VC10 perished.
•In January 22, 1973: Royal Jordanian Airlines flight 707 carrying 171 Nigerian Muslims returning from Mecca and five crewmen crashed in Kano, killing all passengers.
•March 1, 1978, Nigerian Airways F28-1000 crashed in Kano killing 16 passengers on board.
•Another Nigeria Airways F28-1000 crashed on November 28, 1983, in Enugu killing 53 on board.
• February 24, 1991: British Helicopter crashed in Eket, Akwa Ibom State, killing all nine people on board.
•June 26, 1991: An Okada Air Bac-11 crashed in Sokoto, three people died.
•July 11, 1991: Nigeria Airways DC-8-61 crashed in Jeddah, Saudi Arabia, from system failure, killing 261 on board.
•June 26, 1991; Okada Air BAC-111; Sokoto, Nigeria: Fuel starvation during holding pattern over Sokoto due to heavy rain.
Flight from Benin City diverted from Kano due to heavy rain. None of the three-crew members and three of the 52 passengers sustained fatal injuries.
•September 26, 1992: Nigerian Air Force A C-130 plane crashed minutes after take-off from Lagos. All 200 on board killed.
•June 24, 1995: Harka Air Services Tupolev 34 crashed on landing in Lagos killing 16.
•November 13, 1995: Nigeria Airways Boeing 737-2F9 crashes on landing in Kaduna killing 9.
•January 17, 1996: Ibrahim Abacha, son of Sani Abacha, was killed in a plane crash.
•November 7, 1996: A Nigerian ADC (Aviation Development Corporation) Airline Boeing 727-231 flying from Port Harcourt to Lagos with 142 passengers and nine crew members crashed on landing, plunging into a lagoon with all on board killed.
•January 31, 1997: SkyPower Express Airways Embraer 110PIA crashes on landing in Yola killing five.
• September 12, 1997: A NAF Dornier 228-212 in Nguru, Bornu State ran into a ditch during the take off, none of the 10 people died.
•January 5, 2000: SkyPower Express Airways Bandeirante 110P1A crashed on landing in Abuja killing 17.
•May 4, 2002: EAS Airlines’ BAC 1-11-500 with 105 people on board crashed and burst into flames in a poor, densely populated suburb of Kano. 76 on board killed, including 72 on the ground bringing it to a total 148 dead.
•July 26, 2004: Pan African Airlines’ helicopter crashed into the Atlantic Ocean in Escravos, Delta State, four people on board died.
•February 25, 2005: ADC’s B737 aircraft had its tire burnt while landing at Yola airport.
•March 27, 2005: A Boeing 737 of Bellview crashlanded with one of its engines catching fire.
•June 11/12, 2005: Lagos: a Boeing 727-200 aircraft belonging to Chanchangi Airlines overshot the runway at Murtala Muhammed airport, while yet another overshot the runway at the airport in Jos in central Nigeria a day earlier
•July 23, 2005, a Lufthansa aircraft crash-landed at Lagos airport and was badly damaged, but no life was lost.
•October 22, 2005: A Bellview Airlines Boeing 737 airl iner with 117 people on board crashed shortly after take-off fromLagos. All on board were killed.
•December 10, 2005: A Sosoliso Airlines DC-9 crashes in Port Harcourt, killing all 103 on board. Most on board were for schoolchildren going home for Christmas.
•September 17, 2006: A 18-seater Dornier 228 Air Force transport plane, carrying 15 senior army officers and three crew members crashed in Vandeikya, Benue State.
•October 26, 2000: Dornier aircraft plunged into a thick bush near the Niger Delta, 6 occupants injured.
•October 29, 2006: Aviation Development Corporation Airline Boeing 737 with 104 on board crashed minutes after take-off from Abuja’s airport during a rain storm. All but six perished in the disaster. Sultan of Sokoto, Alhaji Muhammadu Maccido was among the dead.
•November 10, 2006: OAS Service Helicopter crashed in Warri, Delta state killing four on board.
•August 2, 2007: Bristow-owned helicopter crashed inside ExxonMobil facility in Port Harcourt.
•March 15, 2008: Beechcraft 1900D plane marked 5N-JAH, belonging to Wing Aviation crashed in the mountainous forest of Busi in Cross River State on its way to Obudu airstrip. The wreckage was not found until 6 months after the disappearance of the aircraft. All 4 man crew on board died.
•March 14, 2012: A Helicopter belonging to the Joint Task Force (JTF) crashes in Kabong, Jos, killing all members on-board including foursenior Police officers.
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