US embassy cable - 04ABUJA2118

UNCLAS SECTION 01 OF 02 ABUJA 002118 
 
SIPDIS 
 
PASS DOT FOR OIA, ALSO FAA 
 
E.O. 12958: N/A 
TAGS: EAIR, EINV, PREL, NI 
SUBJECT: GON AVIATION MINISTER PROTESTS EMBASSY PRESS 
BRIEFING ON VIRGIN NIGERIA AIRLINES 
 
REF:  (A) ABUJA 1670, (B) GREGOIRE-FAUX-GABLE 1222041444 
 
EMAIL MSG 
 
On 12/21 Aviation Minister Yuguda sent the Ambassador a 
letter protesting the Embassy's 12/16 briefing of media 
representatives on the USG position on Virgin Nigeria.  The 
text of Yuguda's letter follows.  This letter refers to one 
of October 14, the text of which is being sent septel. 
Embassy will cable its proposed reply to both letters 
December 23.  Since many senior GON officials will be on 
leave next week, Washington officials will have time to 
approve a reply to the minister's letters, which he may not 
expect until after New Year's Day. 
 
Begin unedited text of minister's 12/21 letter 
(FMA/20/2004/152). 
 
His Excellency, 
Mr. John Campbell, 
Embassy of the United States of America, Abuja 
 
[1.] I wish to invite Your Excellency's attention to a recent 
report contained on the front page of 'This Day' newspaper 
publication of Friday, December 17, 2004 captioned "We Won't 
Allow Virgin Nigeria Deal-US". 
 
2. This publication alluded to certain statements credited to 
Mr. Joseph Gregoire, the Economic Counsellor of the Embassy 
of the United States at a news briefing reportedly held in 
Abuja on Thursday 16th December, 2004 on the issue of the 
designation of Virgin Nigeria on the Lagos/US routes. 
 
3. Of particular concern to the Nigerian Government arising 
from this publication is the unwholesome development whereby 
confidential governmental business and diplomatic matters are 
 
SIPDIS 
made subject of newspaper discourse. 
 
4.  In relation to the above, permit me to refer Your 
Excellency to correspondence to the United States Embassy 
Ref. No. FMA/LU2004/1/119 of 14th October, 2004 containing 
certain clarifications on the status of Virgin-Nigeria aimed 
at removing any misconception the United States Government 
may have on the concept of Virgin-Nigeria as the designated 
flag carrier for Nigeria. 
 
5. Surprisingly, while a response was still being awaited to 
this letter, the Ministry of Aviation, to its utter dismay, 
read the newspaper publication in question, to the effect 
that the United States has 'formally' said it will not allow 
Virgin-Nigeria Airline to operate direct flights into the 
United States as a result of the restricted United Kingdom 
air transport policy which is adversely affecting the United 
States. 
 
6. Your Excellency, on the basis of the cordial and friendly 
relationship between our two Governments over the years, 
based on the principles of mutual respect and fair play, I 
would have expected a formal response to my earlier letter 
rather than subjecting this matter to a press briefing cum 
newspaper discourse. In the tradition associated with 
diplomatic matters of this nature, one would further have 
expected that there would, first and foremost, have been a 
conclusion reached between the two sides prior to the US 
Embassy officials engaging the press on the matter. Be that 
as it may, I would be most appreciative to receive Your 
Excellency's comments on this unfortunate development. 
 
7. Our view at this juncture is that the newspaper report 
manifests the deep rooted problems in the air transport 
relationship between the U.S and the UK. Unfortunately, it 
appears that such problems are being visited on Nigeria in 
her legitimate efforts to establish a viable private sector 
airline to compete favourably with other airlines on the 
international routes. 
 
8. It is our further view that Nigeria has so far complied 
with the established conditions for designation sufficient 
for the U.S Department of State for Transport, if acting in 
good faith in this matter, to exercise a discretion in favour 
of the Nigerian registered Airline, whose shares are to be 
held in the majority by Nigerians and to be managed and 
controlled by Nigerians. 
 
9. The emphasis apparently being placed by the U.S. 
Government (as evident in the newspaper publication) is that 
the Airline is an entirely Virgin Atlantic of the United 
Kingdom's matter. The newspaper report regrettably goes on to 
name some foreign Airlines, which the U.S. expects Nigeria to 
partner with in the arrangements, which would be acceptable 
to the United States, without considering the issue of the 
sovereign rights of Nigeria to make its own decision on the 
choice of a suitable partner. 
 
10. On our part, we consider this matter of the US acceptance 
of Virgin-Nigeria designation still very much under 
discussions with the US Government and, relying on Your 
Excellency's cooperation, it is hoped that an acceptable 
solution will be arrived at in good time in the mutual 
interest of our two Governments. 
 
11. Suffice it to state at this juncture that the report 
further referred to the proposed operations of Continental 
Air into Nigeria by April 2005 without taking into 
consideration the principle of reciprocity in the bilateral 
air transport relations between the two sovereign countries. 
Such proposals by the United States in respect of its own 
designated Airline may legitimately be attended to on quid 
pro quo basis. 
12. Your Excellency's early reaction to the contents of the 
publication which Nigeria considers to be rather unfortunate 
and a most inappropriate treatment accorded to a matter of 
this nature will be most appreciated please. 
 
13. While I wish Your Excellency compliments of the season, I 
again wish to reiterate the assurance of the highest regards 
of myself, the people and Government of the Federal Republic 
of Nigeria to Your Excellency. 
 
[signed] 
MALLAM ISA YUGUDA 
Minister of Aviation 
 
FUREY