Arik Air Limited is asking the court to declare that the negotiations null and void and also to award it the sum of N20 billion as punitive damages against the defendant for inducing or partaking in the interference of its rights and the administration of justice.
The airline in the suit which is yet to be assign to a judge is also insisting that the Ministry of Transportation had no power to transfer the management of the airline to Ethiopian Airlines while the suits over the takeover are pending.
Arik Air Limited is further urging the court for an order mandating the Attorney General of the Federation to ensure the investigation of Ethiopian Airlines by the appropriate authorities for inducing and interfering in the administration of justice in the pending suits.
The plaintiff also maintained that if found culpable, the airline should be charged to court for criminal contempt contrary to Section 133 (4) and (9) of the Criminal Code Laws of Lagos State, Cap C17,Laws of Lagos State of Nigeria, 2004.
In a 20 paragraphs affidavit filed in support of suit and deposed to by a Director with Arik Air, Chris Ndulue, the plaintiff asked the court to restrain the first and second defendants from further negotiations on its takeover.
The airline averred that the Asset Management Company of Nigeria (AMCON) had taken over the airline on Feb. 8 which was challenged by its management via two suits already pending before the Federal High Court, Lagos.
According to the plaintiff, the suits numbers are FHC/L/CS/827/17 and FHC/L/CS/826/17, adding that the negotiations by the defendants will render the outcome of the suits nugatory.
“The plaintiff avers that the agreement of the second defendant with the first defendant will be wide ranging and intricately affect every aspect of the plaintiff herein, including but not limited to the day to day running technical as well as financial management which will affect the plaintiff as being the largest domestic and regional airline in Nigeria.
“The plaintiff further averred that the action taken by the first and second defendants will have a negative effect on the country’s image as the plaintiff being the largest airline will be pawned over to another country for management,” the plaintiff stated.
The airline further claimed that the negotiations had caused undue hardship and irreparable damage to the Arik Air brand and ongoing investment discussions as well as unbearable distress to the airline’s shareholders and directors.
No date has been fixed for hearing of the suit.
