After 18 months of disputes, the Federal High Court in Lagos has granted Export Development Canada (EDC) the right to repossess and dismantle a CRJ1000 aircraft leased to Arik Air, condemning the EFCC’s alleged intimidation as a rights violation.
The Federal High Court in Lagos has allowed Export Development Canada (EDC) to repossess and dismantle a CRJ1000 aircraft (registration 5N-JEE) from Arik Air’s fleet.
Justice Alexander Oluseyi Owoeye delivered the ruling on November 27, 2024, protecting applicants Capt.
Samuel Caulcrick and Capt. Isiaka Akinfenwa from harassment by the Economic and Financial Crimes Commission (EFCC).
Notably, the court accused the EFCC of obstructing EDC’s lawful efforts to reclaim the aircraft, thereby violating the applicants’ rights to dignity and liberty under Nigeria’s 1999 Constitution and the African Charter on Human and Peoples’ Rights Act.
The dispute began in 2023 when Arik Air shareholders, with EFCC’s support, initially prevented EDC from reclaiming the plane.
Furthermore, the court highlighted that EFCC’s evidence referred to two different aircraft—a CRJ900 and a Boeing 737—valued at $31 million and $47 million respectively, which were allegedly sold without consent or regulatory approval.
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As a result, Justice Owoeye condemned EFCC’s actions and ordered the agency to pay ₦5 million in damages to the applicants for infringing on their rights.
Meanwhile, aviation expert Chris Amokwu stated that the case would test Nigeria’s commitment to the Cape Town Convention on aircraft leasing.
According to him, compliance with the ruling could significantly enhance Nigeria’s global aviation reputation.
Ultimately, the court’s decision closes a lengthy ownership dispute while reaffirming the importance of upholding both legal obligations and international aviation agreements.
