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Against the backdrop of claims by the Ministry of Aviation that operators of the bombardier aircraft belonging to the Rivers State government obtained several flight clearances from the Nigerian Civil Aviation Authorities (NCAA) using bogus documentation, the Rivers State government has refuted the allegation. Mrs. Ibim Semenitari, Hon commissioner of Information and Communications, Rivers State described the Ministry of Aviation’s statement as deliberate distortion of facts.
A letter from Caventon Helicopters, obtained by huhuonline.com, titled Application to Import and Operate for Private use Bombardier BD-700-1A11 (Global Vision) Aircraft), dated 27th August 2012 and addressed to Honorable Minister of Aviation, reads in part:
“We hereby apply for your approval to import and operate for private use Bombardier BD-700-1A11 (Global Vision) Aircraft) on behalf of (RIVER STATE GOVERNMENT) our client.”
The letter, which was signed by Adeniyi Makanjuola, Executive Vice Chairman of Caventon Helicopters and received by the Aviation Ministry on 4th of September 2012, listed the serial number and year of manufacture of the plane as 9462 and 2012 respectively.
Document obtained by huhuonline.com reveals that the plane is insured by Colemont Insurance Broker Limited, located on 107 Leadenhall Street London EC3A 4AF. The Certificate of Reinsurance from COLEMONT listed the “Original Insured” or that the aircraft is owned and operated by the government of Rivers State, Nigeria. The one year Policies of Reinsurance is from October 12th 2012 to 29th October 2013, and the aircraft type is a Bombdier Global 5000 with registration N565RS. According to document the aircraft, which has a passenger/ crew seat of 14/2, is valued at $45m.
Huhuonline.com learnt that COLEMONT INSURANCE BROKER LIMITED has been acquired by THBGroup, a firm that acts principally as a wholesaler for other intermediaries as well as offering (re)insurance broking and risk management services direct to corporations and individuals.
THB Groups confirmed to huhuonline.com on phone that the Bombadier Global 5000 with registration number N565RS is insured by them and that its certificate of reinsurance is still valid.
Recall that the Nigerian Aviation ministry had said that the aircraft insured is owned by ACASS CANADA LIMITED” of 6700 Cote de Liesse, Suite 206, Montreal, QC H4T 2B5, Canada.
In the words of Mrs. Semenitari an insurance issued to ACASS was used for entry into service while flying between Canada and the USA for pre-delivery tests. Rivers State Government took delivery on 5th October, 2012 and duly insured the Aircraft and the certificate of insurance duly states.
She stated that, “No aircraft can fly into Nigerian airspace illegally and land at various airports within the county unchallenged. The Rivers state Government owned aircraft has been in operation since October 2012.
“The allegation that a state government would ‘use the name of Caverton Helicopters to obtain various clearances’ is preposterous and embarrassing. The Rivers State Government has been flying this aircraft since October 2012 with this same certificate and with the knowledge of the Ministry of Aviation.
“The ownership of the aircraft is not in question as we have clearly explained the relationship between the Rivers State government and the Bank of Utah. This is a verifiable relationship and is common place in the aviation sector as practitioners and stakeholders know. The Deed of Trust is proof of the aircraft is held in trust by the Bank of Utah of the behalf of the Rivers State government.
“We believe that all administrative procedure should and must be complied with however the state government is worried at what is beginning to seem like a witch-hunt of it and related parties that have conducted business with it. We will continue to engage with aviation officials and follow through with all administrative requirements and processes, as is most appropriate.”
Aviation Ministry’s Press Statement: Aircraft obtained, used forged Clearance documents
Yesterday the Ministry of Aviation, in its statement, claimed that the aircraft in question with Registration Number N565RS is currently listed on the U.S. Department of Transport (DOT), Federal Aviation Administration Registry. It said the registration was issued to “BANK OF UTAH TRUSTEE” of 200 E, South Temple, Suite 210, Salt Lake City, UT 84111-1346.
“The registration was issued on 28 September 2012 and will expire on 30 September 2015. The registration certificate explicitly states that the aircraft registration is NOT TRANSFERABLE,” a part of the ministry statement read.
“The aircraft is currently insured with Alliance Global Risks US Insurance Company. The Policy Holder noted on the Certificate of Insurance is “ACASS CANADA LIMITED” of 6700 Cote de Liesse, Suite 206, Montreal, QC H4T 2B5, Canada. The Certificate of Insurance is dated 28 September 2012 to expire on 12 August 2013, and it appears to have been issued with respect to a “Ferry Flight Agreement” of September 2012.”
On 26 April 2013 the said aircraft was refused start-up at Akure airport due to insufficient and improper documentation. Specifically, the pilot failed and/or refused to file a proper Passenger Manifest declaring the full identity of all passengers on the aircraft for the intended flight as mandatorily required by the regulatory authorities.
“Upon review of the aircraft’s records, the Nigerian Civil Aviation Authority (NCAA) discovered that the aircraft was operating illegally within the Nigerian airspace. “Specifically, it was revealed that the aircraft did not have a valid flight clearance for its operations on 26 April 2013 as the last purported clearance obtained for the aircraft expired on 2 April 2013.
“Upon further investigation however, it also emerged that the last purported flight clearance (and indeed several flight clearances previously obtained for this aircraft) had been obtained using the name of Caverton Helicopters. A letter from Messrs. Caverton Helicopters dated 26 April, 2013 expressly disclaimed any knowledge of or involvement with the flight clearances previously obtained in its name for the said aircraft.”
It added that NCAA’s investigations specifically further revealed that the following flight clearances were obtained for the aircraft using the name of Caverton Helicopters:
(i) Flight Clearance for 04 – 06 January 2013
(ii) Flight Clearance for 23 – 27 January 2013
(iii) Flight Clearance for 28 March – 2 April 2013
“In view of Caverton’s letter expressly denying its involvement with the said clearances applications, the Ministry has directed the NCAA to commence a full investigation into all the circumstances surrounding the false clearance applications.
“The flight clearance process is a vital safety and security component of civil aviation worldwide. It requires the involvement of both the civil aviation authorities and the national security agencies before approval is given and full disclosure of the aircraft, passengers and crew must be provided as required by law.
“The security implication of this requirement is further emphasized where a foreign-registered aircraft (such as the current aircraft) is engaged in domestic flight operations. Failure to fully disclose or attempting to conceal the identities of passengers aboard an aircraft is considered a serious security breach both locally and internationally.
“Furthermore, the presentation of false information or forged documentation to regulatory authorities in the processing of official approvals or permits is clearly a serious violation of the Civil Aviation Act, the Nigerian Civil Aviation Regulations and other extant criminal laws in the Federal Republic of Nigeria.
“The facts currently available to the Ministry suggest that the operators of the aircraft in question obtained several flight clearances from the Nigerian civil aviation authorities using documentation purportedly emanating from Caverton Helicopters. Furthermore, the aircraft attempted to and did operate within the Nigerian airspace on 26 April 2013 without any flight clearance whatsoever in total violation of all extant civil aviation laws and regulations.
“There is also the matter of the Coat of Arms and Identity of the Government of Rivers State being emblazoned and displayed on the aircraft in question, when there is no record or evidence of the state government’s ownership, lease, or other recognized legal or beneficial interest in the aircraft presented to or filed before the civil regulatory authorities.”
“ The Aviation Ministry further said that as stated above, available records indicate that the aircraft is currently registered to “Bank of Utah Trustee” until 30 September 2015, and the said registration is not transferable. “
“The Ministry therefore directed a full investigation into the circumstances surrounding the actual ownership of the aircraft in question. Upon conclusion of these internal investigations, the Ministry will take all necessary steps required by law.”
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