NCAA Defends Report On Fare Fixing

The Nigerian Civil Aviation Authority (NCAA) says it stands by its report that British Airways and Virgin Atlantic engaged in fare fixing.

The Director-General of NCAA, Dr. Harold Demuren in a statement said his organisation acted in line with its regulatory role in the industry by investigating the matter, that NCAA took a balanced and objective posture to ensure that the rights of the investigated airlines were respected as well as the interest of passengers.

Dr. Damuren who was reacting to a statement by British Airways questioning NCAA’s right to investigate a matter that happened before its creation, noted that the BA had been confrontational, going by the import of its letter to his organisation over the fare.

“It is note worthy that as has been characteristic of British Airways, their letter needlessly confronts NCAA that it has acted unlawfully, out of its powers, without legal basis and usurped the judiciary. While entirely false, these inflammatory statements are needless and do not add anything to any legal points BA seeks to make”, he said.

“The only possible objective of such a confrontational approach is to condescend to and undermine the regulator. It again, demonstrates the repeated and continuing disregard BA has for Nigerian constituted authority and its exclusive desire to ensure that absolutely nothing inteferes with its ability to continue to take advantage of our business without the reciprocal regard and deference required.

“The kind of acrimonious approach to communication and interaction with the regulator neither promotes nor conveys the type of mutual respect required for a mutually beneficial resolution of differences between the Federal Government and British Airways”.

According to him, “despite the specific issues the airlines raised I remain confident that the NCAA, both in its process and in content has acted appropriately within the confines of law”.

He maintained that NCAA complied with the legal requirements for fairness during the investigations, stressing that its investigation met the constitutional standard required of such investigative hearings under section 36(2) of the constitutional of the Federal Republic of Nigeria, which stipulates that “the administering authority provides the person affected by its decision an opportunity to make representations before the decision is made.

In the circumstance, there is no procedural unfairness in the investigative process”.

He assured the travelling public that any enforcement action would be consistent with the letter of the law, stressing that NCAA would continue to protect the interest of the Nigerian nation and its citizens.