The Federal government has signed the updated protocol documentation of Irrevocable Delegation of Authority to de-Register Aircraft (IDERA) in order to align Nigeria
Aviation sector with international global standard and promote the ease of doing business.
Speaking at the official signing ceremony of the procedure in Abuja on Wednesday, the Minister of Aviation and Aerospace Development, Festus Keyamo SAN, explained that the signing would make the deregistration and export process of aircraft easy, and give global financiers and lessors of aircraft confidence in doing business with Nigeria.
“We are here today, having fulfilled all our judicial obligations, we want to update the administrative rules, and this is what they called, the Advising circular.
“The IDERA is a legal framework that gives aircraft financiers the assurance that, in the event of a default by an operator, they can recover their assets without lengthy legal delays. The updated legal framework stipulates five working days to recover its aircraft.
“The revised NCAA procedure provides clarity on the recordation of IDERA-related documents, streamlines the aircraft registration process, and ensures quicker responses to deregistration and export requests,” said Keyamo.
According to Keyamo, the global international requirement which is in line with the Cape Town Convention protocol on de-Registration and export request of leased aircrafts which Nigeria is part of has been left attended to for a very long time, and has equally left Nigerian aircraft operators on hold.
“One of my aides will tell you that they are trying to assess certain aircrafts now on dry leases, those negotiations are on hold until we sign this as a country.
“As I speak with you, I got that information yesterday. They are holding back. They said they want the IDERA to be signed, and then the aircrafts will come in .
“This is to make sure that their aircrafts are safe within our jurisdiction. And that is why we are doing this today,” he stressed.
The Acting Director-General of NCAA, Captain Chris Najomo, in his address explained that the Cape Town Convention and the associated Aircraft Protocol came into force in the United Kingdom on 1%November 2015 through the International Interests in Aircraft Equipment (Cape Town Convention) Regulations 2015, aims to reduce the cost of raising finance for large, high value mobile assets which routinely cross borders.
Najomo explained that in relation to registration and operation of aircraft in Nigeria, the main impact of the Convention is the ability of the registered owner to request an Irrevocable De-Registration and Export Request Authorisation
(IDERA) over an eligible aircraft.
He noted that once an IDERA is recorded the party that has been declared by the registered owner as the “authorised party” will be the only party with the right to de-register and export the aircraft.
The NCAA’S boss said, “The smooth execution of this authorisation has been impeded by judicial pronouncements and unwilling lessees. The current Honourable Minister of Aviation & Aerospace Development has taken the bull by the horn in ameliorating the consequences of this occurrence, and that is why we are gathered here today.
” Nigeria is a Contracting State to the Convention On International Interests In Mobile Equipment (the Convention) and the Protocol Thereto On Matters Specific To Aircraft Equipment (the Protocol), and had made a declaration pursuant to Article XXX(1) of the Protocol providing for the recordation and enforcement of IDERAs. The Civil Aviation Act (CAR) and the Nigeria CARs made there under require NCAA to establish and maintain a Legal Interests in Aircraft Registry showing for each aircraft registered in Nigeria, proprietary rights, interests, liens and other dealings thereon.”
Najomo in line with the Minister’s efforts, issued an Advisory Circular: NCAA-AC-AWS001A dated 16th October, 2024, intended to provide information and guidance on the civil aviation regulatory requirements and procedures for recordation and cancellation of an IDERA and de-registration of aircraft and exporting aircraft, including aircraft objects located in Nigeria, for purposes of any export remedies.
“The goal of enabling our airlines have access to dry-lease aircraft to boost operational capacity will be eased as a result of today’s achievement,” affirmed Najomo
