NIGERIA Law and Practice Contributed by: Tamuno Atekebo, Chinasa Unaegbunam, Naomi Kabowei and Favour Osayuwamen, Streamsowers & Köhn
2.8.2 Lessee’s/Operator’s Consent An aircraft owner, mortgagee or lessor can apply for the deregistration of the aircraft and the consent of the operator to deregister is not required, except where consent is required in the relevant agreements. 2.8.3 Required Documentation The requirements for deregistration of an aircraft are as follows: • a formal application letter addressed to the director general of the NCAA requesting the deregistration of the aircraft and the official application form for deregistration; • the operator’s/lessor’s/owner’s copy of the current certificate of registration; duly endorsed on the reverse side; • evidence of payment of statutory charges; • a notarised DPOA duly executed by the owner if the applicant is not the owner or authorised opera - tor; • a statement of the reason for deregistration; and • evidence of the sale (if sold). To discharge a security interest that has been regis - tered at the International Registry, the applicant will be required to obtain the written consent of the mortga - gee (if different from the applicant). The applicant will also be required to present an IDERA granted by the debtor, mortgagor or lessee. 2.8.4 Duration of Deregistration Process The timeline for deregistration at the NCAA can vary but for simple uncontested cases, a timeline of cir - ca three weeks from the date of submission may be expected. For the International Registry, it is typically 48 to 72 hours upon submission of the application. 2.8.5 Aviation Authority’s Assurances The NCAA does not provide advance assurances to an aircraft owner, mortgagee or lessor as to the prompt deregistration of the aircraft.
There is no estimated period for completion. However, where all the required documents are submitted, the process should be completed within a two-to-three month period. Government consent is not a prerequisite for the execution and/or delivery of an aircraft and/or engine lease assignment and assumption/novation. 2.7.5 Taxes/Duties Payable on Assignment/ Novation Stamp duties will be assessable on an assignment agreement if an original or copy of it is brought into Nigeria physically or electronically. 2.7.6 Recognition of Transfer of Ownership Interests Assuming that the ownership interest of the entity (or the beneficial interest in the trust) owning an aircraft is transferred with the legal title to the asset remaining with that entity, such instance would not be consid - ered as a transfer of title to the aircraft and there will be no requirement to notify the NCAA. 2.8 Aircraft Deregistration and Export 2.8.1 Deregistering Aircraft in This Jurisdiction The holder of a certificate of registration, owner or lessor or their duly authorised attorney, the holder of a valid DPOA or an IDERA can apply to the NCAA to deregister an aircraft. The NCAA on its own, under certain conditions, may deregister an aircraft. Generally, to deregister an aircraft, the applicant will complete the appropriate application form, which will be submitted to the NCAA along with a cover let - ter addressed to the director general of the NCAA requesting the deregistration of the aircraft, the origi - nal certificate of registration of the aircraft and other relevant documents. Where an applicant is seeking to deregister based on an IDERA, the authorised party or certified designee of an IDERA can request the dereg - istration of an aircraft by submitting a formal applica - tion letter stating the reason for the exercise of the IDERA, the official application form for deregistration, a copy of the IDERA, and evidence of payment of statutory charges.
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