NIGERIA Law and Practice Contributed by: Tamuno Atekebo, Chinasa Unaegbunam, Naomi Kabowei and Favour Osayuwamen, Streamsowers & Köhn
In Nigeria, it is not a requirement for local entities to apply for AEP codes before they can make Cape Town Convention filings. Local entities can make Cape Town Convention filings directly on behalf of lessors. 2.10.2 Declarations Made Concerning Conventions Nigeria has made the following declarations under the following Articles of the Cape Town Convention. Under Article 39 (1), in relation to non-consensual rights or interest: • liens in favour of workers for unpaid wages aris - ing since the time of a declared default under a contract to finance or lease the subject object for services performed relating to that object; and • liens in favour of repairers of an object in their pos - session to the extent of services performed on and value added to that object. These have priority under Nigerian law over an inter - est in an object equivalent to that of the holder of a registered international interest and will have priority over a registered international interest, whether in or outside insolvency proceedings. Under Article 40, in relation to non-consensual right or interest: • rights of a person obtaining a court order permit - ting attachment of an aircraft object in partial or full satisfaction of a legal judgment; • liens or other rights of a state entity relating to taxes or other unpaid charges; • liens of a salvor for unpaid charges in respect of salvage services provided to an aircraft object when it is waterborne; • liens of a person providing towage services to an aircraft object when it is waterborne in respect of unpaid charges; and • liens of a bailee of an aircraft object in respect of unpaid charges for the bailment of said aircraft object. These are registrable under the Cape Town Conven - tion as regards any category of object as though the right or interest were an international interest, and will be regulated accordingly.
Article 53 stipulates that the Federal High Court is the relevant court for the purposes of Article 1 and Chapter XII of the Convention. Under Article 54 (2), a declaration that any remedies available to the creditor under the Cape Town Con - vention that are not expressed under the relevant pro - vision thereof to require application to the court, may be exercised without court action and without leave of the court. 2.10.3 Application of Article XIII of the Protocol on Matters Specific to Aircraft Equipment The provision of the CAA 2006 (and 2022) incorpo - rated the Cape Town Convention and the Aircraft Protocol into Nigerian law. Section 50 (2) of the CAA 2022 provides that from the commencement of the Act, the provisions of the Cape Town Convention and the Aircraft Protocol will have the force of law in Nige - ria subject to the provisions of the Constitution of the Federal Republic of Nigeria. Incorporation into local law of an international convention such as the Cape Town Convention is a constitutional requirement nec - essary to make the convention enforceable. An IDERA (as with a DPOA) can be submitted over an internal transaction and can be recorded, like any In most cases involving the Cape Town Convention and the Aircraft Protocol, the issue revolves around the request by a lessor/mortgagee seeking to dereg - ister and export the aircraft. The Federal High Court (which is the court with jurisdiction) rarely hears actions in relation to the other aspects of the Cape Town Convention and the Aircraft Protocol. 2.10.5 Other Conventions Nigeria is a signatory to the Geneva Convention on the International Recognition of Rights in Aircraft (1948), having ratified this on 10 June 2002. Section 50 (1) of the CAA 2022 has incorporated the provisions of this convention into law in line with Nigerian constitutional requirements. other interest, in the aircraft register. 2.10.4 Enforcement of Conventions
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