There is every reason to clarify the role of the Nigerian Civil Aviation Authority (NCAA) as the sole agency responsible for aircraft importation into the country. Former ministers of aviation, along with certain staff of the ministry, diluted some of the functions of the NCAA, simply to force the agency under the ministry’s purview. Creating overlapping authority between the ministry and the regulatory agency is not only irresponsible, but unnecessary bureaucracy to delay aircraft importation for prospective buyers. Below are excerpts from the 2006 Civil Aviation Act.
The Authority’s Power to Regulate Civil Aviation (part IX)
(1) The Authority may by regulation make such provision as expedient:
(a) for carrying out the Convention on International Civil Aviation (in this section referred to as “the Convention”) concluded at Chicago on the 7th day of December 1944, any Annex to the Convention which relates to international standards and recommended practices and is adopted in accordance with the Convention, and any amendment of the Convention or of any such Annex which is made in accordance with the Convention;
(b) for carrying out any other treaty or agreement in the field of civil aviation to which Nigeria is a party; and
(c) generally for regulating air navigation.
(2) Without prejudice to the generality of subsection (1) of this section, the powers conferred therein shall include power to make regulations:
(a) for the registration of aircraft in Nigeria;
(b) for the prohibition of aircraft from flying unless certificates of airworthiness issued or validated under the regulations are in force with respect to them and except upon compliance with such conditions as to maintenance and repair as may be prescribed:
(c) for the licensing, inspection and regulation of aerodromes, access to aerodromes and places where aircraft have landed, for the inspection of aircraft factories, and for prohibiting or regulating the use of aerodromes which are not licensed in pursuance to the regulations;
(7) The powers conferred on and the functions of the Authority in this Act are vested on the Director-General of the Authority who may exercise them directly or through the Directors in charge of the under listed Directorates:
(a) Air worthiness Standards;
(b) Air Transport Regulation;
(c) Operations and Training Standards;
(d) Aerodrome and Airspace Standards;
(e) Licensing Standards;
(f) Aeromedical Standards
(8) The Director General shall establish the credentials of the Safety Inspectors of the Authority.
(9) The Director General may delegate any assigned powers and duties to any properly qualified private person, subject to such regulation, supervision and review as may be prescribed by the Authority. However, the Director General shall ensure that such functions are not delegated in such a way that aircraft operators, airport operators, aerial work service providers, general aviation operators and maintenance facility operators, in effect, regulate themselves.
(10) Regulations made under this section shall provide for the imposition of penalties for offences against the regulations, including the suspension or revocation of certificates, Licenses and authorizations, and in the case of any particular offence such fine as may from time to time be prescribed by regulations made by the Authority and or imprisonment for a term not less than six months, and, subject to Chapter IV of the Constitution of the Federal Republic of Nigeria (which relates to fundamental rights), for the taking of such steps (including the interception of aircraft) as may be prescribed as respects aircraft flying over areas of Nigeria over which flying is prohibited by the regulations.
(11) Regulations made under this section may make different provisions with respect to different classes of aircraft, aerodromes, persons or property and with respect to different circumstances but shall, so far as practicable, be so framed as not to discriminate in like circumstances.
(12) In the exercise of its power to make regulations under this section, the Authority shall consult with stakeholders including airlines, aerodrome operators, air traffic control service providers, consumers and other relevant bodies and organizations in the aviation industry.
Functions Of The Authority (Part X)
The Authority shall be responsible for:
(a)The registration of any aircraft in Nigeria and issuance to the owner thereof, of a certificate of regulation;
(b) The establishment and maintenance of a system or register for recording the title to or any interest in any aircraft registered in Nigeria;
(c) The prohibition of any Nigerian or foreign registered aircraft from operating within the Nigerian airspace, unless a certificate of airworthiness in respect thereof, is issued or validated under the regulations in force with respect to the aircraft: Provided that the foregoing prohibition shall not apply to aircraft undergoing test flights or flights to places where prescribed maintenance or repairs are to be carried out;
(d) The inspection and regulation of aerodromes, inspection of aircraft factories and for the prohibition or regulation of the use of aerodromes which are not licensed in pursuance of the regulations;
(e) The prohibition of any person from engaging in air navigation in any capacity whatsoever unless the Authority determines that such a person satisfies the requirements of this Act and the regulations made there under;
(f) Ensuring the efficiency and regularity of air navigation and the safety of aircraft, persons and property carried in aircraft and for preventing aircraft from endangering persons and property;
(g) The prohibition of aircrafts from flying over such areas in Nigeria as may be prescribed;
(h) The issue, validation, renewal, extension or variation of any certificate, license or other document required by the regulations (including the examinations test to be undergone) and custody, and production, cancellation, suspension, endorsement and surrender of any such document;
(i) The registration of births and deaths occurring in aircraft and of particulars of persons missing from aircraft; and
(j) The collation and maintenance of a data bank of aviation and aircraft accidents, incidents, and occurrences and promote accident prevention programmes.
Source: Civil Aviation Act 2006
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