The Lagos State Government’s plan to build a new airport to complement Murtala Muhammed Airport may face legal challenges due to an existing agreement prohibiting such construction.
This agreement is between Bi-Courtney Aviation Services Limited and the Federal Government, according to The Punch.
Governor Babajide Sanwo-Olu recently met with officials from the Nigeria Civil Aviation Authority and the Federal Airport Authority of Nigeria to discuss moving forward with the project in the Lekki area.
In the meeting, discussions focused on strategies to expedite the proposed airport construction.
Officials from the NCAA and the Federal Airport Authority of Nigeria explored ways to facilitate the project’s progression despite potential legal obstacles stemming from the existing agreement with Bi-Courtney Aviation Services Limited.
Sources indicate that Governor Sanwo-Olu sought both professional advice and the necessary approvals from the Nigeria Civil Aviation Authority to move forward with the airport project.
Industry experts have endorsed this development, noting that the new airport could alleviate traffic at Murtala Muhammed Airport.
In October 2022, the Federal Government approved the construction of Lekki International Airport in the Lekki-Epe area, promising to begin work in 2023.
Former Minister of Aviation, Hadi Sirika, presented the approval for the new airport to Governor Sanwo-Olu at the Lagos Economic Summit in 2022.
However, an agreement established before April 7, 2007, when the Murtala Muhammed Airport Two was commissioned, prohibits the construction of another airport terminal in Lagos as long as the concession agreement with Bi-Courtney Aviation Services Limited remains in effect. This could pose significant legal challenges to the proposed project.
The Federal Government had signed a 36-year agreement with Bi-Courtney Aviation Services Limited for the reconstruction of the once burnt Terminal under a design-build-operate-transfer arrangement.
However, the terminal operators have only operated the terminal for 17 years.
The Lagos State government under the Babatunde Fash¬ola’s administration mooted the idea of a new airport in 2009 under the Public Private Partnership scheme.
In 2011, the government initiated a competitive tender process for the airport’s construction, advertising a request for pre-qualification. This attracted interest from 33 Nigerian and international firms.
However, the project faced delays due to opposition from landowners and challenges in securing financing.
In 2011, a report by local newspapers, where the then Commissioner for Commerce and Industry was quoted, Adeniyi Oyemade, noted that about N102bn had been voted for the project.
But since Fashola left office in 2015, not much was heard of the project again until when San¬wo-Olu revived it with approval from the Federal Government.
Governor Sanwo-Olu stated that the new airport will be constructed alongside the Lekki–Epe Expressway, occupying 3,500 hectares of land in the area.
Attempts to obtain a response from Bi-Courtney regarding the situation have been unsuccessful. A senior staff member from the company, speaking anonymously, indicated that they had no comment on the matter at the time of the report.
The Head of Corporate Communications of the company, Ajoke Yinka-Olawuyi, said she cannot comment on the development.
“I cannot comment on that matter for now,” Olawuyi said.
The Commissioner for Information, Gbenga Omotoso, declined to comment on the situation, ignoring both text messages and calls from reporters.
Meanwhile, the Director of Research at Zenith Travel Limited, Olumide Ohunayo emphasized the need for an additional airport in the state, supporting the proposed development.
“Lagos state is the biggest commercial city in Nigeria with a population of about 20 million and a high group in the middle class. You can be sure that a second airport is a necessity and of importance to further expand the economy of the state,” Ohunayo stated.
