Air Peace Missed Two Submission Deadlines for Heathrow Flights – ACL

The diplomatic friction between Nigeria and the United Kingdom has intensified, particularly due to Air Peace's difficulties in obtaining landing slots at London Heathrow Airport. Airport Coordination Limited (ACL), the UK’s independent authority for slot allocation, has revealed that the Nigerian airline missed two significant deadlines. According to a statement to Daily Sun, Air Peace did not submit its slot requests in a timely manner for both the Northern Summer 2024 and Northern Winter 2024 scheduling periods.

These missed deadlines have complicated the situation further, raising serious doubts about the airline's prospects of establishing operations at one of the busiest airports globally. As the diplomatic divide between the two nations widens, attention is focused on Air Peace to determine whether it can overcome these challenges and secure the essential slots, or if the ongoing standoff will exacerbate tensions in Nigeria-UK relations.

The controversy originated on August 1, 2024, when Nigeria’s Minister of Aviation and Aerospace Development, Festus Keyamo, issued a firm ultimatum to the UK. In correspondence with UK Transport Secretary, Louise Haigh, Keyamo cautioned that Nigeria would retaliate against British Airways and Virgin Atlantic if Air Peace, the national carrier, was not allocated the coveted landing slots at Heathrow.

His letter was unequivocal, threatening to restrict access to Nigeria’s key airports in Abuja and Lagos for these major British airlines. This assertive position represents a significant escalation in the diplomatic dispute, as Nigeria aims to utilize its aviation market influence to ensure fair treatment for Air Peace.

The minister’s ultimatum underscores Nigeria’s determination, with potential ramifications for the aviation industries of both nations, which could alter their bilateral dynamics. The outcome of this situation remains uncertain, with implications for the global aviation landscape.

Keyamo emphasized to Haigh that granting Air Peace a slot at Gatwick Airport constituted a breach of the Bilateral Air Services Agreement (BASA) between Nigeria and the UK, which ensures reciprocal rights for airlines. He pointed out that while British airlines have unrestricted access to Nigeria’s primary airports, Air Peace has struggled to secure slots at Heathrow. He called for immediate measures to address this issue, cautioning that Nigeria would not accept the inequitable treatment of its national carrier. Last week, the UK’s Department of Transport indicated that it would address the matter "in due course."

In response to inquiries from the Daily Sun regarding Air Peace’s challenges in obtaining slots at Heathrow, Alison Chambers, a media representative for Airport Coordination Limited (ACL), provided clarity.

She explained that Air Peace's slot requests were submitted after the official deadlines, which disqualified them from consideration.

Chambers highlighted that slot allocation at major airports like Heathrow is a competitive and time-sensitive process, with strict deadlines established months in advance.

Missing these deadlines significantly diminishes an airline's likelihood of securing a slot, as available slots are generally assigned to those airlines that comply with the submission schedule.

She also noted that this issue is not exclusive to Air Peace; any airline that fails to meet the deadline faces similar repercussions. Furthermore, ACL pointed out that Heathrow Airport is currently operating at full capacity, making it exceedingly challenging to accommodate additional flights.

Air Peace’s slot requests for London Heathrow for the Northern Summer 2024 and Northern Winter 2024 scheduling seasons were submitted after the initial deadline. Consequently, they could not be evaluated concurrently with other requests, Chambers said.

Further inquiry was made to ascertain if there were specific criteria for obtaining slots at Heathrow (aside from early application submission) that Air Peace did not satisfy. ACL responded that they had considered the request from the flag carrier, but there was no available capacity at the airport to accommodate the airline. They clarified that airlines must submit their requests at the appropriate time to be considered for available slots.

The request submitted by Air Peace was carefully reviewed by the Airport Coordination Limited (ACL), but unfortunately, due to capacity constraints at Heathrow Airport, it was not possible to allocate the requested slots. Heathrow Airport is currently operating at full capacity, and the availability of slots is extremely limited. Airlines must submit their requests at the appropriate time to be considered for slot allocation, as any available capacity is quickly exhausted. For further details, please refer to the relevant initial coordination report published on our website, the slot allocator said.

BASA consideration is not a relevant factor in slot allocation

In reference to the Nigeria-UK Bilateral Air Service Agreement (BASA), we inquired whether it influenced Atlantic Coast Limited’s (ACL) consideration of Air Peace’s slot request. ACL responded by clarifying that BASA does not factor into their airport slot allocation process. They emphasized that their decisions are based on established protocols and deadlines, independent of bilateral agreements.

ACL’s representative, Chambers, stated that when making slot allocation decisions, they are not required to consider BASA as it operates independently from airport slot allocation. This practice aligns with industry best practices as outlined in the Worldwide Airport Slot Guidelines (WASG Section 1.7.2 (j)).

An Examination of the 1988 Nigeria-UK Bilateral Air Services Agreement

In response to the requests made by Keyamo in his correspondence with his UK counterpart, Daily Sun conducted an analysis of the Nigeria-UK Bilateral Air Services Agreement (BASA) established in 1988, which is still in effect. The examination revealed a significant oversight: the agreement lacks provisions for the allocation of airport slots. While the BASA clearly specifies regulations concerning flight frequencies, it fails to address the allocation of airport slots. This omission underscores a critical gap in the agreement's coverage of essential aviation operational elements.

Despite multiple discussions between Nigerian and UK representatives since the BASA's inception in 1988, the matter of airport slot allocation has largely gone unaddressed. Although route schedules have been modified and specific airlines designated, the persistent challenge of obtaining slots at London Heathrow Airport continues. Both parties have acknowledged this concern, with the UK delegation repeatedly emphasizing the capacity limitations at Heathrow, which they claim affect all airlines competing for slots at the airport.

A chronological list of meetings between Nigerian and UK officials to discuss the Bilateral Air Services Agreement (BASA)

On September 26 and 27, 2005, officials from Nigeria and the United Kingdom gathered in Abuja to discuss various elements of their air services agreement. The agenda included topics such as flight frequencies, route schedules, code-sharing arrangements, and possible revisions to the Bilateral Air Services Agreement (BASA). The UK representatives emphasized the importance of updating the BASA to include new provisions related to safety, security, tariffs, and airline designations.

Subsequent negotiations occurred on November 29, 2006, in London, where representatives from both nations reconvened to assess and enhance their air services agreement.

As expected, the Nigeria-UK BASA was a central topic, resulting in modifications to the route schedule, including the addition of Abuja and Manchester as new service points.

Furthermore, the delegations agreed to designate three airlines from each country to operate under this arrangement. The Nigerian delegation identified Arik Air, Bellview Airlines, and Virgin Nigeria as the chosen carriers.

It is important to note that Bellview and Virgin Nigeria are no longer in operation, and Arik Air is currently undergoing receivership.

The agreement allowed the designated airlines from both countries to conduct up to 21 flights per week in each direction, utilizing any aircraft type. For the UK, up to 14 flights per week would operate from Nigeria to London, with an additional seven flights per week to Abuja.

Similarly, the designated Nigerian airlines would operate up to 14 flights per week from Nigeria to London and seven flights per week to Manchester.

The Nigerian delegation raised concerns regarding the availability of slots at London Heathrow Airport and sought the support of UK authorities to secure slots for the designated airlines. In response, the UK delegation outlined the capacity constraints at Heathrow that impact all airlines wishing to operate there, but assured that they would work within legal and practical limits to facilitate slot availability for the designated airlines to meet their capacity entitlements.

On March 26, 2008, representatives from Nigeria and the United Kingdom convened in London for further discussions on the Nigeria-UK Bilateral Air Services Agreement (BASA). During this session, both sides agreed to allow UK carriers to operate up to 21 flights per week to Abuja, Lagos, and Kano. In return, Nigerian airlines would be permitted to conduct up to 21 services per week to London Heathrow or any other airport in London. The UK government reiterated its commitment to ensuring the availability of appropriate slots at their airports for the designated airlines, within the bounds of applicable legal and practical constraints.

Despite these commitments, Nigerian flag carriers are increasingly struggling to secure slots at Heathrow Airport.

In conclusion, slot allocation remains a contentious topic between Nigeria and the United Kingdom. While the BASA provides an essential framework for managing bilateral aviation relations, it has not adequately addressed the specific challenges related to slot allocation, airport capacity limitations, and the growing demand for air travel.

The BASA, although foundational, does not fully encompass the complexities of obtaining airport slots at congested hubs like London Heathrow. As air traffic continues to rise and airports face mounting pressure to optimize their capacity, the shortcomings of the current agreement have become increasingly evident, highlighting the necessity for a more comprehensive approach to these urgent issues.