*Aircraft obtained, used forged Clearance documents
The aircraft in question with Registration Number N565RS is currently listed on the U.S. Department of Transport (DOT), Federal Aviation Administration Registry. The registration was issued to “BANK OF UTAH TRUSTEE” of 200 E, South Temple, Suite 210, Salt Lake City, UT 84111-1346.
The registration was issued on 28 September 2012 and will expire on 30 September 2015. The registration certificate explicitly states that the aircraft registration is NOT TRANSFERABLE.
The aircraft is currently insured with Alliance Global Risks US Insurance Company. The Policy Holder noted on the Certificate of Insurance is “ACASS CANADA LIMITED” of 6700 Cote de Liesse, Suite 206, Montreal, QC H4T 2B5, Canada. The Certificate of Insurance is dated 28 September 2012 to expire on 12 August 2013, and it appears to have been issued with respect to a “Ferry Flight Agreement” of September 2012.
On 26 April 2013 the said aircraft was refused start-up at Akure airport due to insufficient and improper documentation. Specifically, the pilot failed and/or refused to file a proper Passenger Manifest declaring the full identity of all passengers on the aircraft for the intended flight as mandatorily required by the regulatory authorities.
Upon review of the aircraft’s records, the Nigerian Civil Aviation Authority (NCAA) discovered that the aircraft was operating illegally within the Nigerian airspace. Specifically, it was revealed that the aircraft did not have a valid flight clearance for its operations on 26 April 2013 as the last purported clearance obtained for the aircraft expired on 2 April 2013.
Upon further investigation however, it also emerged that the last purported flight clearance (and indeed several flight clearances previously obtained for this aircraft) had been obtained using the name of Caverton Helicopters. A letter from Messrs. Caverton Helicopters dated 26 April, 2013 expressly disclaimed any knowledge of or involvement with the flight clearances previously obtained in its name for the said aircraft.
The NCAA’s investigations specifically further revealed that the following flight clearances were obtained for the aircraft using the name of Caverton Helicopters:
(i) Flight Clearance for 04 – 06 January 2013
(ii) Flight Clearance for 23 – 27 January 2013
(iii) Flight Clearance for 28 March – 2 April 2013
In view of Caverton’s letter expressly denying its involvement with the said clearances applications, the Ministry has directed the NCAA to commence a full investigation into all the circumstances surrounding the false clearance applications.
The flight clearance process is a vital safety and security component of civil aviation worldwide. It requires the involvement of both the civil aviation authorities and the national security agencies before approval is given and full disclosure of the aircraft, passengers and crew must be provided as required by law. The security implication of this requirement is further emphasized where a foreign-registered aircraft (such as the current aircraft) is engaged in domestic flight operations. Failure to fully disclose or attempting to conceal the identities of passengers aboard an aircraft is considered a serious security breach both locally and internationally.
Furthermore, the presentation of false information or forged documentation to regulatory authorities in the processing of official approvals or permits is clearly a serious violation of the Civil Aviation Act, the Nigerian Civil Aviation Regulations and other extant criminal laws in the Federal Republic of Nigeria.
The facts currently available to the Ministry suggest that the operators of the aircraft in question obtained several flight clearances from the Nigerian civil aviation authorities using documentation purportedly emanating from Caverton Helicopters. Furthermore, the aircraft attempted to and did operate within the Nigerian airspace on 26 April 2013 without any flight clearance whatsoever in total violation of all extant civil aviation laws and regulations.
There is also the matter of the Coat of Arms and Identity of the Government of Rivers State being emblazoned and displayed on the aircraft in question, when there is no record or evidence of the state government’s ownership, lease, or other recognized legal or beneficial interest in the aircraft presented to or filed before the civil regulatory authorities.
As stated above, available records indicate that the aircraft is currently registered to “Bank of Utah Trustee” until 30 September 2015, and the said registration is not transferable. The Ministry has therefore further directed a full investigation into the circumstances surrounding the actual ownership of the aircraft in question.
Upon conclusion of these internal investigations, the Ministry will take all necessary steps required by law.
Joe Obi
SA (Media) to the Hon. Minister of Aviation.
02/05/13
