XEJet sues SAHCO, AGHAN, demands N16.1bn

XEjet-Airline

Private airline, XEJet Limited, has filed two suits at the Federal Capital Territory High Court, Abuja, seeking a total of N16.1 billion in damages from Skyway Aviation Handling Company Plc (SAHCO) and the Aviation Ground Handlers Association of Nigeria (AGHAN).

The airline accused SAHCO of breaching confidentiality by disclosing details of its account to AGHAN, while accusing the association of publishing what it described as false information about the airline to the press and the public.

In the first suit, marked FCT/HC/CV/4506/2026 and dated September 30, 2026, XEJet is seeking N1.1 billion from SAHCO, the sole defendant.

The amount comprises N1 billion in general damages for alleged breach of confidentiality and N100 million for the alleged wrongful withdrawal of ground-handling services on September 28, 2026.

In the second suit, XEJet is suing the Incorporated Trustees of AGHAN for N15 billion in general, aggravated and exemplary damages over what it described as false publications.

SAHCO is a member of AGHAN.

Through its counsel, Alex Izinyon II, XEJet raised seven questions and sought 11 reliefs in the suit against SAHCO.

Among the questions is whether, under Paragraph 13.1 of Annex B 1.1 of the Standard Ground Handling Agreement, effective January 1, 2026, information concerning its account with SAHCO was confidential.

The information includes invoices, statements of account, sums invoiced, paid and outstanding, payment history, as well as communications and proposals.

The airline also asked whether SAHCO breached Paragraph 13.1 by disclosing such information to AGHAN, its officers or members, which AGHAN subsequently published in its statement of September 28, 2026.

It further asked whether the exclusion of liability for loss of profits, revenue, business and goodwill under Paragraph 4.2 applied where the breach was committed negligently or with wilful misconduct.

XEJet is asking the court to declare that the information is confidential and that SAHCO is permanently bound to keep it so.

It also wants a declaration that SAHCO cannot disclose the information to AGHAN, its officers or members, or the press without XEJet’s prior written consent.

The airline further seeks a declaration that SAHCO’s disclosure breached Paragraph 13.1 and that the breach was committed with wilful misconduct or, alternatively, negligently.

In addition, XEJet wants a perpetual injunction restraining SAHCO, its directors, officers, servants, agents or privies from further disclosing the information to AGHAN, the press or any third party, except as permitted under Paragraph 13.1.

The airline also argued that SAHCO had no contractual right to suspend or withdraw its services over non-payment of invoices, contending that SAHCO’s Credit Policy formed no part of the agreement.

In an affidavit supporting the originating summons, XEJet’s Group Chief Executive Officer, Emmanuel Ayuba Iza, said the agreement covers ground-handling operations at the Abuja, Lagos, Benin, Asaba and Warri airports.

He said the services include passenger and baggage handling, marshalling, loading and unloading, towing and push-back, and load control. The agreement also incorporates the 2018 IATA Standard Ground Handling Agreement.

According to him, SAHCO, in a letter dated September 4, 2026, asked XEJet to settle invoices contained in a statement of account as of August 15, 2026, by September 10, and invited queries on the statement within the same period.

He said XEJet subsequently entered into negotiations and a joint reconciliation of the account, invoice by invoice, adding that SAHCO did not suspend its services when September 10 elapsed.

Iza said that in a letter dated September 23, SAHCO demanded payment, or “a satisfactory payment arrangement,” within three working days, by September 28, failing which it would suspend its services.

However, he alleged that on September 28, from about 8:00 a.m., and before the expiration of the period, SAHCO withdrew ground-handling services from XEJet at all airports in Nigeria.

He added that on the same day, XEJet paid ₦7 million through two transfers of ₦2 million and ₦5 million, respectively, each bearing the narration “Ground handling outstanding,” in furtherance of a payment arrangement.

The suit against AGHAN

In its statement of claim against AGHAN, XEJet said it was still in discussions with SAHCO when the publications complained of appeared.

It said it owed no money to any other AGHAN member and had no payment plan concluded with SAHCO or AGHAN.

The airline also said it was never served with, or made a party to, any notice or arrangement arising from AGHAN’s ultimatum of September 2026.

XEJet said it paid SAHCO a total of ₦215,898,420.25 on September 28 and 29 through five transfers, which it described as being “in full settlement of the account.”

It said the first two transfers, totalling ₦7 million, were received on September 28, within the period stipulated in SAHCO’s letter, while the remaining three transfers, totalling ₦208,898,420.25, were made on September 29.

The airline alleged that AGHAN, through its President and Vice President, issued a joint statement on September 28 and released it to the press, knowing that national newspapers and online platforms would republish it.

No date has been fixed for hearing, and neither SAHCO nor AGHAN had publicly responded to the suits at press time.

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