By Chinelo Obogo, [email protected]
The diplomatic tension between Nigeria and the United Kingdom, fueled by Air Peace’s struggle to secure landing slots at London Heathrow Airport, has taken a new twist.
Airport Coordination Limited (ACL), the independent authority responsible for slot allocation in the UK, has disclosed that the Nigerian carrier missed two critical deadlines.
The company told Daily Sun that Air Peace failed to submit its slot requests on time for both the Northern Summer 2024 and Northern Winter 2024 scheduling seasons.
The missed deadlines, as disclosed by the slot allocator, have added a new layer of complexity to the situation, raising genuine concerns over the airline’s ability to gain a foothold at one of the world’s busiest airports.
As the diplomatic rift between the two countries grows, all eyes are on Air Peace to see if it can recover from these setbacks and secure the much-needed slots, or if the standoff will further strain Nigeria-UK relations.
The Genesis
The controversy began on August 1, 2024, when Nigeria’s Minister of Aviation and Aerospace Development, Festus Keyamo, issued a decisive ultimatum to the United Kingdom. In a letter to UK Transport Secretary, Louise Haigh, Keyamo warned that Nigeria would take retaliatory actions against British Airways and Virgin Atlantic if Air Peace, a flag carrier, was not granted the highly sought-after landing slots at London Heathrow Airport.
Keyamo’s letter left no room for ambiguity, threatening to deny these prominent British airlines access to Nigeria’s busiest and most strategically important airports in Abuja and Lagos.
The bold stance marked a notable escalation in the diplomatic row, as Nigeria sought to leverage its own aviation market power to secure equitable treatment for Air Peace. The minister’s ultimatum highlighted the intensity of Nigeria’s resolve, with implications that could reverberate through the aviation sectors of both countries, potentially reshaping their bilateral relations. The situation now hangs in the balance, with the global aviation industry keenly observing how these tensions will be resolved.
For emphasis, Keyamo told Haigh that allotting a space for Air Peace at Gatwick airport was a violation of the Bilateral Air Services Agreement (BASA) between Nigeria and the UK, which promotes reciprocal rights for airlines. He said that while British carriers enjoy unrestricted access to Nigeria’s tier one airports, Air Peace has been unable to obtain slots at Heathrow. He then demanded immediate action to rectify the situation, warning that Nigeria will not tolerate the unfair treatment of its flag carrier.
Daily Sun exclusively reported last week that the UK’s Department of Transport said it would respond to the issue ‘in due course’.
Two missed deadlines amid full capacity at Heathrow
When the Daily Sun sought clarification from Airport Coordination Limited (ACL) regarding Air Peace’s difficulty in securing slots at Heathrow, the company’s media representative, Alison Chambers, provided a clear explanation.
She stated that Air Peace’s slot requests were submitted after the official deadlines, which automatically rendered them ineligible for consideration. She emphasised that slot allocation at major airports like Heathrow is a highly competitive and time-sensitive process, with strict deadlines set months in advance. Missing these deadlines, she explained, significantly reduces an airline’s chances of securing a slot, as the available slots are typically allocated to airlines that adhere to the submission timeline.
Chambers further elaborated that the situation was not unique to Air Peace, noting that any airline that misses the deadline faces the same consequence. Moreover, ACL emphasised that Heathrow Airport is operating at full capacity, making it extremely difficult to accommodate new flights.
“Air Peace submitted a request for slots at London Heathrow for the Northern Summer 2024 and Northern Winter 2024 scheduling seasons. Both requests were made after the initial submission deadline, and as such could not be considered at the same time as all other requests,” Chambers said.
Daily Sun further inquired if there was a criteria for getting slots at Heathrow (other than early submission of application) which Air Peace did not meet and ACL said it considered the request made by the flag carrier but that there was no capacity at the airport to accommodate the airline. It further explained that where slots are available, airlines need to submit at the right time to be considered.
“ACL considered the request, but there was no capacity available to allocate to Air Peace and therefore it could not be accommodated. Heathrow is full and it is very rare to be able to allocate any slots. Where they are available, airlines need to submit at the right time to be considered as any capacity is quickly allocated. For further detail please see the relevant initial coordination report published on our website,” the slot allocator said.
BASA consideration not important in slot allocation
Again, Daily Sun inquired whether the Nigeria-UK BASA played a role in ACL’s consideration of Air Peace’s slot request. In response, ACL clarified that BASA is not a factor in their airport slot allocation process. The organisation emphasised that their decisions are based on established protocols and deadlines, independent of bilateral agreements.
“When making slot allocation decisions, ACL is not required to consider the Bilateral Air Service Agreement (BASA) as the two elements are independent of each other. This is consistent with industry best practice as per the Worldwide Airport Slot Guidelines (WASG Section 1.7.2 (j)),” Chambers stated.
Analysis of the 1988 Nigeria-UK BASA
In light of the demands made by Keyamo in his letter to his UK counterpart, Daily Sun analysed the Nigeria-UK Bilateral Air Services Agreement (BASA) signed in 1988, which remains administratively active. The analysis uncovered a notable oversight: the agreement does not contain provisions for airport slot allocation. While the BASA explicitly outlines regulations regarding flight frequencies, it omits any mention of how airport slots are to be allocated. The gap highlights a significant discrepancy in the agreement’s coverage of key aspects of aviation operations.
Despite numerous meetings between Nigerian and UK delegations since the signing of the BASA in 1988, the issue of airport slot allocation has largely remained unresolved. While route schedules have been adjusted and designated airlines established, the ongoing challenge of securing slots at London Heathrow Airport persists. Both parties have recognised this issue, with the UK delegation consistently highlighting the capacity constraints at Heathrow, which they assert impact all airlines vying for slots at the airport.
Timelines of meetings between Nigeria and the UK over BASA
On September 26th and 27th, 2005, representatives from Nigeria and the United Kingdom convened in Abuja to address various aspects of their air services arrangement. The discussions encompassed a range of topics, including flight frequencies, route schedules, code-share agreements, and potential amendments to the Bilateral Air Services Agreement (BASA). During these meetings, the UK delegation highlighted the necessity of updating the BASA to incorporate new provisions on safety, security, tariffs, and airline designations.
Further negotiations took place on November 29, 2006, in London, where delegations from both countries met again to review and refine their air services arrangement. As anticipated, the Nigeria-UK BASA was a focal point of the discussions, leading to amendments in the route schedule. Notably, Abuja and Manchester were added as new points of service. Additionally, the delegations agreed to designate three airlines from each side to operate under the arrangement. The Nigerian delegation announced that Arik Air, Bellview Airlines, and Virgin Nigeria would be the designated carriers.
It is worth mentioning that Bellview and Virgin Nigeria are no longer operational and Arik Air is currently in receivership. The agreement also permitted the designated airlines from each country to operate up to 21 flights per week in each direction, utilising any type of aircraft.
For the UK, up to 14 services per week will be operated from Nigeria to London and up to seven services per week will be operated to Abuja. For designated airlines of Nigeria, up to 14 services per week will be operated from Nigeria to London and up to seven services per week will be operated to Manchester.
However, the Nigerian delegation expressed concerns about the availability of slots at London Heathrow Airport and requested the assistance of the UK authorities in securing slots for the designated airlines. The UK delegation explained the capacity limitations at Heathrow which affected all airlines wishing to operate there but affirmed that it would, within applicable and legal practical constraints, facilitate the availability of slots to enable the designated airlines to operate the capacity entitlement.
On March 26, 2008, delegations from Nigeria and the United Kingdom gathered in London for another round of discussions on the Nigeria-UK Bilateral Air Services Agreement (BASA). During this meeting, both parties reached an agreement to permit UK carriers up to 21 flights per week to Abuja, Lagos, and Kano. Conversely, Nigerian airlines would be allowed up to 21 services per week to London Heathrow or any other London airport. The UK government reaffirmed its commitment to facilitating the availability of suitable slots at their airports for the designated airlines, within the limits of applicable legal and practical constraints.
Despite these assurances, Nigerian flag carriers find it increasingly tough to get a slot at Heathrow airport.
Conclusion
Slot allocation continues to be a contentious issue between Nigeria and the United Kingdom. While the BASA serves as a crucial framework for managing bilateral aviation relations, it has proven insufficient in addressing the specific challenges of slot allocation, airport capacity constraints and the rising demand for air travel.
The BASA, though foundational, does not fully account for the complexities involved in securing airport slots at congested hubs like London Heathrow. As air traffic volumes grow and airports face increasing pressure to optimise their capacity, the limitations of the existing agreement have become more apparent, accentuating the need for a more comprehensive solution to these pressing issues.