US embassy cable - 04LAGOS1744

UNCLAS LAGOS 001744 
 
SIPDIS 
 
TRANSPORTATION FOR FAA 
 
SENSITIVE BUT UNCLASSIFIED 
 
E.O. 12958: N/A 
TAGS: EAIR, EINV, NI 
SUBJECT: NIGERIA: ONE YEAR AWAY FROM CATEGORY 1? 
 
 
1.(SBU) Summary.  Visits to Lagos by FAA Senior 
Representative for Sub-Saharan Africa, Edward Jones, 
and the Department of Homeland Security Transportation 
Security Administration (TSA) Program Managers, David 
K. Taylor and Ed Rao, again bring to the fore the 
possibility of Category 1 status for Nigeria.  In terms 
of safety and security, Nigeria still has months of 
work ahead to meet International Civil Aviation 
Organization (ICAO) and FAA requirements for Category 1 
status and to fly a Nigerian carrier directly to the 
US.  End Summary. 
 
2. (U) During an August 3rd visit to Nigeria, FAA 
senior representative Jones and Nigerian Civil Aviation 
Authority official (NCAA) discussed FAA and ICAO 
recommendations that safety oversight responsibilities 
be separated from the Ministry of Aviation (MOA) and 
ceded to the NCAA.  The current organizational 
structure places the NCAA under the direct and close 
financial control and authority of MOA.  A requisite 
step in Nigeria's progress towards Category 1 status is 
the passage of a civil aviation bill that grants NCAA 
significant autonomy from the MOA. 
 
3. (SBU) Jones reviewed a draft Nigerian civil aviation 
bill that has been languishing in the National Assembly 
for more than a year.  He believes that, in its current 
form, this draft bill does not provide NCAA sufficient 
autonomy.  (A copy of the draft has been forwarded to 
FAA legal advisors who will provide an opinion on the 
draft bill within the next few weeks.)  Nigeria's 
acceptance of these recommendations and the subsequent 
passage of a new bill is likely to take time thus 
drawing out the country's safety preparations for 
Category 1.  Besides the lengthy process of approving a 
bill, MOA Isa Yuguda told Jones that the NCAA DG will 
never gain budgetary separation from the MOA even if 
aviation safety regulatory powers are ceded to NCAA. 
 
4. (SBU) The NCAA assures Jones that Nigeria will be 
ready for a Category 1 final review in October 2004. 
Even with swift passage of a curative aviation bill, 
Jones believes it will take somewhat longer primarily 
because of low salaries for inspectors and the 
resultant continuous turnover in personnel at this 
position.  (Comment: The timeline for safety 
preparation for Category 1 is actually much longer if 
we take into consideration the fact that current NCAA 
aviation safety regulations will also have to be 
reviewed to make sure they conform with the ICAO- 
compliant civil aviation bill once and if it passes.) 
 
5. (U) Security practices at Murtalla Mohammed 
International Airport (MMIA) are gauged to be about one 
year away from Category 1 compliance.  After their 
second visit to the Federal Airport Authority of 
Nigeria (FAAN) in as many months, TSA officials Taylor 
and Rao again left MMIA reporting deficiencies in 
FAAN's progress towards ICAO standards.  The TSA 
officials will be distributing a report of their 
findings.  In a June conversation with Ambassador 
Campbell, Taylor and Rao asserted that it would be 
optimistic to say FAAN could be ready in one year's 
time - even assuming no further bureaucratic 
interferences and other stumbling blocks that have 
plagued Category 1 preparation to date.  And FAAN would 
then require another 12 months of hand-holding by TSA 
to ensure continued compliance. 
 
6. (SBU) Comment: The combined safety and security 
unpreparedness of Nigeria's civil aviation sector for 
ICAO approval indicates that Nigeria is unlikely to 
obtain Category 1 status within the next 365 days. 
Conversations with FAA and TSA officials reveal that 
Nigeria's aviation hurdles continue to be numerous and, 
to a large degree, organizational.  As a result, 
Nigerians will have to rely on foreign flag carriers 
for direct flights to the US for the foreseeable 
future.  End Comment. 
 
BROWNE