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Aviation Minister Signs Key IDERA Agreement On Aircraft Deregistration

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NCAA IDERA
L-R: The acting director-general, Nigerian Civil Aviation Authority, Chris Najomo, the Minister of Aviation and Aerospace Development, Mr. Festus Keyamo, SAN, at the signing of the NCAA IDERA in Abuja.

The Minister of Aviation and Aerospace Development, Mr. Festus Keyamo, SAN, has signed an updated Irrevocable De-Registration and Export Request Authorisation (IDERA) for an eligible aircraft, a major step in Nigeria’s compliance with international aviation standards. The signing took place on October 16, 2024, in Abuja and aims to facilitate the deregistration and export of aircraft from Nigeria through administrative processes overseen by the Nigeria Civil Aviation Authority (NCAA).

Keyamo explained that this move resolves previous judicial uncertainties surrounding aircraft deregistration and export. The Ministry, through the NCAA, will now employ a clear administrative route to deregister and export aircraft, offering a quicker and more streamlined process. The minister noted that the IDERA protocol is a global standard aimed at resolving disputes between aircraft lessors and lessees, ensuring the smooth deregistration of aircraft when necessary.

“When aircraft are brought into the country, they don’t just arrive and operate without oversight. The NCAA, as the regulatory body, maintains a register of all aircraft imported into Nigeria. Before any aircraft is imported, approval must first be sought from the minister and the NCAA then registers the aircraft. This ensures that the authorities are always aware of the number of aircraft flying in the country, whether for private or commercial purposes,” Keyamo explained.

He further clarified that once an aircraft has completed its term in Nigeria, the owner must return to the NCAA to deregister it, striking its name from the national register. In cases of disputes between lessors and lessees, Keyamo highlighted that there are now two available remedies. First, there is a judicial route, where lessors can seek court intervention to recover their aircraft. Courts have a maximum of 10 days to grant permission for an aircraft to be taken out of the country. 

“The second option is an administrative remedy, where lessors can approach the NCAA directly to apply for the deregistration and export of their aircraft without needing a court order. This is where IDERA comes into play, streamlining the process for the NCAA to issue the necessary authorisation,” the minister said.

Keyamo also confirmed that Nigeria Customs would be updated on the IDERA rules, ensuring smooth coordination between agencies during aircraft export processes.

In his remarks, acting director of the NCAA, Capt. Chris Najomo elaborated on the Cape Town Convention, which governs international aircraft transactions and the associated Aircraft Protocol. He explained that the Convention, which Nigeria adheres to, was designed to reduce the cost of financing high-value mobile assets like aircraft, which frequently cross international borders.

Najomo further explained that once an IDERA is recorded, only the “authorised party” designated by the registered aircraft owner can initiate the process of deregistering and exporting the aircraft. He emphasised that Nigeria’s participation in the Convention and the IDERA system aligns with global best practices, providing reassurance to international lessors and financiers.

To support the minister’s efforts, Najomo announced the issuance of an Advisory Circular: NCAA-AC-AWS001A, dated October 16, 2024. The circular provides guidelines for the recordation and cancellation of IDERA, as well as for the deregistration and export of aircraft in Nigeria.

In his concluding remarks, Najomo stated that this development would ease the process for Nigerian airlines seeking to lease aircraft, thus boosting the country’s aviation operational capacity. The regulatory clarity provided by the IDERA process, he added, is expected to strengthen Nigeria’s aviation sector and encourage further international partnerships.

Oluchi Okorafor
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