Topbrass Aviation Limited said it has commenced contempt proceeding against Seagold Investment Limited, Bombardier Dash 8 Q300 series with MSN 613, Nigerian Civil Aviation Authority (NCAA), Federal Airports Authority of Nigeria (FAAN) and a pilot with the Presidential Air Fleet, Capt. Baba Muhammed for allegedly moving and tampering Bombardier Dash 8 Q300 with MSN 613, registration number 5N-TBB and Bombardier Dash 8 Q 300 series with MSN and with registration number 5N-TBC to Aero Hangar and cleaned the aircraft registration number.

According to the Chief Executive Officer, Capt Rowland Iyayi, the filing of contempt charges against these parties became necessary following the alleged refusal of the defendants not only move the airplanes where it was parked at General Aviation Terminal(GAT), Murtala Murtala Muhammed Airport but also for tampering with the aircraft registration number at Aero hangar

Speaking further, Iyayi informed journalists that Topbrass had earlier in December 4, 2015 secured a court injunction at Federal High Court presided over by Justice C. J Aneke in a suit No : FHC/L/CS/1658/2015 restraining the defendants which include: Seagold Investment Limited, Bombardier Dash 8Q300 series with MSN 613 and registration number 5N-TBB and Bombardier Dash 8 Q300 series with MSN 614 and with registration number 5N-TBC and the NCAA.

A certified True Copy of the plaintiff’s prayers made available to journalists revealed that Top brass had approached the court praying that it should give an order for the preservation from the repossession of two Bombardier Dash 8Q 300 airplanes with MSN numbers 613 and 614 and with registration number 5N-TBB and 5N-TBC leased by virtue of an Aircraft Sublease Agreement dated August 26, 2011 with the first right to purchase to the plaintiff by virtue of a Purchase Option Power by the Hour Transfer, Fery Flight and Additional Services Letter dated August 26, 2011 presently being operated by the plaintiff at the General Aviation Terminal at the Murtala Muhammed Airport or within any other airport within the jurisdiction of the honourable court pending the determination of the substantive suit.

Topbrass also seek an order restraining the 1^st defendant, their agents, attorneys, officers assigns from taking possession and deliver of the 2^nd and 3^rd defendants pending the hearing of the substantive suit..

It also seeks an order of injunction restraining the 4^th defendant; NCAA from granting clearance for the repossession or deregistering the 2^nd and 3^rd defendants pending the hearing and determination of the substantive suit.

He added that Topbrass prayers were granted and that the matter was adjourned till February 9, 2016.

Speaking further, Iyayi stated that on July 11, 2018, Topbrass went back to the Federal High Court presided over by Justice M.S. Hassan, asking the court to extend the orders made by the court on December 2, 2015 asking the court preserve the 2^nd and 3^rd defendants from repossessing to NCAA, FAAN, NAMA and Capt. Baba Muhammed cited parties pending the determination of the substantive suit.

Justice Hassan granted Topbrass prayers .

The Judge held that the first injunction granted by Justice Aneke .J. remain valid and binding on all parties in the suit as well as any party who may want to tamper with the subject matter of this suit.

The court odered that the said Order be served on all the parties in the application and the case was adjourned till September 25, 2018.

Explaining further, the Topbrass CEO said that he invested a total of $12,000,000 million on the finance purchase agreement with Seagold but that Seagold breached the agreement, adding that after making several attempts made to resolve the issue was not yielding fruitful results, Topbrass decide to approach the Federal High Court to seek redress.

He alleged that government agencies specifically, NCAA ,FAAN the Ministry of Aviation and by extension Aero contractors of Nigeria played active role in the matter.

According to him, “When Topbrass engaged with Seagold international, we entered into a finance purchase agreement with Seagold, separate and distinct from an operate lease agreement. In this particular context, rather than pay a standard operating lease fee of $80,000 per aircraft per month at the time, Topbrass was paying $210,000 per aircraft per month and the tenure of the lease was for 24months. During the period of the lease, Topbrass provided Seagold with a letter of credit to the tune of $1.3million to forst all any defaults in terms of lease payment. At the same time, Topbrass signed and IDERA, Irrevocable de-registration Authority in favour of Seagold such that should we default in the 24month period Seagold would have had an unfettered access to the aircraft for repossession . Fortunately over the 24month period, there was no default. There was a six month extension initially and then Seagold sent a further 12month extension lease which was executed by Topbrass but they failed to execute and and back and at this point, Topbrass parked both airplanes having them declared a dispute with Chevron Nigeria.”

He continued, “It was later learned through Seagold that they have been approached by Chevron Nigeria to repossess these airplanes from us and turn them over to aero contractors, so that a five year contract be given to Aero contractors instead of Topbrass.”

Iyayi said that his annoyance is that despite the Fderal High Court restraining order, FAAN alleged still went ahead to release the aircraft to Seagold investment Limited in a letter dated September 5, 2018 and allegedly signed by one Dr. Clifford Omozeghian, after which the aircraft was moved to Aero hangar.

He also alleged that despite the court order in NCAA in connivance with Capt. Baba and an engineer simply known as Saturday physically erased the registration of the aircraft.

Reacting, the General Manager Public Affairs, Mr. Sam Adurogboye, said that Topbrass and all the parties would meet in court, stating that they were not afraid of being sued.

According to him, “I cannot comment on the matter, only to say that we are the CAA and we are for everyone and are not biased but since the matter is in court, there is a process and a bailiff that will execute the court’s ruling. I cannot be discussing this in the media, since he is in court, the process should take its cause, we are not afraid to be sued or to sue.”