By Emmanuel Ukudolo I Friday, Feb.27.26
A Federal High Court sitting in Bwari in the Federal Capital Territory, Abuja, has ordered the immediate grounding of disputed aircrafts linked to NG Eagle Airline Limited, effectively restraining the airline and its partners from selling, transferring, or tampering with two aircrafts at the centre of a $5.3 million (approximately N8.5 billion) transaction dispute.
In a ruling delivered on February 26, 2026, Justice M. A. Madugu granted the interlocutory reliefs sought by Rekers Engineering & Construction Limited against Galactic Aviation Limited, Mr. Abdullahi Ahmed, NG Eagle Airline Limited, and the Minister of Aviation and Aerospace Development.
The claimant, through its counsel, Mr. Taiwo Hassan (SAN), approached the court to preserve the subject matter of a suit involving two Embraer aircrafts—an EMB-145MP and an EMB-145LR.
According to a 57-paragraph affidavit deposed to by the Managing Director of Rekers Engineering, Umar Sheriff Lawan, the company entered into a Sale and Purchase Agreement with the first and second defendants on August 28, 2024.
The claimant alleged that while the aircrafts were delivered, the defendants failed to pay the outstanding balance of the $5.3 million price tag, despite an initial N3 billion deposit.
It further claimed that the defendants re-registered the aircrafts in their names without completing payment and commenced commercial operations, “tying down” the claimant’s funds.
A major point of contention raised by Rekers Engineering was the alleged “cannibalisation” of the aircrafts. The company told the court that parts from the EMB-145LR were being dismantled and used to keep the EMB-145MP operational, a move it argued compromised safety and devalued the assets.
However, the defendants, in a counter-affidavit deposed to by Adamu Haruna Zemo, Head of Quality and Safety at Galactic Aviation, countered that the aircrafts were delivered with significant defects.
They claimed the EMB-145LR was returned due to these faults, while the EMB-145MP required repairs worth $1.2 million before it could fly.
The defendants insisted that the re-registration was lawful and that the Nigerian Civil Aviation Authority (NCAA) had previously cleared the aircraft for operations after finding the claimant’s petitions “baseless.”
Defense counsel further argued that any loss suffered by the claimant was purely monetary and could be settled with damages, warning that grounding the fleet would disrupt the flying public.
In his Tuesday ruling, Justice Madugu held that the dispute raised “real and substantial issues” that were not frivolous. He identified the legality of the re-registration and whether title had passed to the defendants before full payment as triable issues.
The judge noted:
”Interlocutory injunction is an equitable remedy aimed at preserving the subject matter of litigation pending trial. The claimant has demonstrated a triable right and a real risk that refusal of an injunction could render any eventual judgment nugatory.”
Justice Madugu subsequently ordered:
Immediate Grounding: The 1st, 2nd, and 3rd defendants are restrained from operating or flying the EMB-145MP aircraft for commercial service.
Asset Freeze: A total ban on the sale, transfer, leasing, or exportation of both the EMB-145MP and EMB-145LR aircraft.
Non-Tampering: A prohibition on removing, dismantling, or tampering with engines, components, or records of the aircraft.
Ministerial Compliance: The Minister of Aviation was directed to notify the Nigerian Airspace Management Agency (NAMA) and the NCAA to ensure strict compliance.
The court has adjourned the matter to April 14, 2026, for continuation.
