US embassy cable - 03ABUJA647

UNCLAS SECTION 01 OF 02 ABUJA 000647 
 
SIPDIS 
 
 
SENSITIVE BUT UNCLASSIFIED 
 
 
DOT ALSO FOR FAA 
 
 
E.O. 12958: N/A 
TAGS: EAIR, EAID, EINV, NI 
SUBJECT: NIGERIA: CONSULTANTS CONCERNED ABOUT AVIATION 
SAFETY 
 
1. (SBU) Summary. Aviation consultants sponsored by 
the U.S. Federal Aviation Administration (FAA) 
recently completed an evaluation of the Nigerian Civil 
Aviation Authority's (NCAA) efforts to improve its 
safety oversight. They found few improvements since a 
2001 International Civil Aviation Organization (ICAO) 
safety audit.  Nigeria needs to implement the 
recommendations quickly to be prepared for another 
ICAO inspection in May 2003.  The main concern remains 
lack of legislation granting the NCAA Director General 
autonomy over safety issues.  Nigeria risks receiving 
another poor safety audit, which could hamper its 
efforts to attain Category I certification.  End 
Summary. 
 
 
2. (SBU) Four FAA-sponsored private aviation 
consultants came to Nigeria in March to evaluate 
NCAA's progress toward implementing safety 
recommendations resulting from a 2001 ICAO inspection 
and a 2002 FAA advisory visit.  In its 2001 report, 
ICAO had voiced concern that "a large segment" of 
Nigeria's aviation sector was not complying with 
international safety standards.  Last month, the FAA 
consultants discovered that few of the ICAO 
recommendations had been implemented although many are 
said to be "in progress."  To help the NCAA prepare 
itself for another ICAO inspection, the consultants 
are designing a work plan that may receive FAA 
support. 
 
 
3. (SBU) Next month's ICAO inspection will be an 
important test of Nigeria's ability to pass a FAA 
Category I inspection, as FAA and ICAO safety 
regulations are based on the same standards.  For more 
than a year, Nigeria has been pursuing Category I 
certification, a designation that would permit its 
crews and aircraft to fly to the United States. 
Ethiopia, Ghana, and South Africa are the only three 
sub-Saharan African countries certified.  Nigeria's 
securing the top safety ranking would boost its 
aviation industry and help position Lagos as a 
regional hub. 
 
 
4. (SBU) While progress has been made toward that end, 
several hurdles remain.  The major one is lack of 
legislation granting the NCAA Director General (DG) 
autonomy over safety issues.  Under current law and 
practice, the Minister of Aviation retains final say 
on safety matters.  According to NCAA staff, the 
Minister has overruled the DG's orders to ground 
aircraft for safety violations on several occasions 
when the offending airline was politically well 
connected. 
 
 
5. (SBU) Action on legislation granting independence 
to the NCAA has been pending for months at the 
Ministry of Justice.  Following ministerial approval 
of the bill, it will be sent to the National Assembly. 
To ensure that its provisions comply with 
international standards, the FAA consultants sent 
Aviation Minister Kema Chikwe a memo on 
March 13 specifying provisions to make NCAA 
autonomous. 
 
 
6. (SBU) Even if a law were enacted granting NCAA 
autonomy, Nigeria might still not pass an FAA 
inspection because Nigeria lacks certified cabin and 
operation safety inspectors.  Its aviation inspection 
office is understaffed, and its few inspectors are not 
certified internationally to conduct inspections of 
the most common aircraft operating in country.  During 
a March visit to Abuja, Kevin Sample, Senior DOT 
Advisor, told Minister Chikwe that the USG can provide 
training to remedy this deficiency.  Such training 
would be desirable since the FAA consultants have 
suggested that the DG be allowed to approve necessary 
training.  All training requests require the 
Minister's approval.  On several occasions, employees 
were unable to secure timely approval and consequently 
could not enroll in desired courses. 
 
 
7. (SBU) Besides identifying the major hurdles - lack 
of an independent NCAA and qualified inspectors - the 
FAA consultants highlighted NCAA organizational 
deficiencies that weaken its ability to provide 
effective safety oversight.  Among their chief 
concerns are the NCAA's lack of financial resources 
and inefficient use of personnel.  While the NCAA 
charges various user fees, these funds go straight to 
the federal treasury; consequently, the NCAA relies on 
Ministry of Aviation budget allocations. To ensure 
adequate funding for oversight, the FAA consultants 
proposed that NCAA have access to budgetary funds 
without ministerial approval.  With respect to 
personnel, the consultants concluded that Nigeria's 
aviation authority employs more people than necessary. 
Some of the excess staff, whom the NCAA is obligated 
to employ, are the Minister's appointees. (Comment. 
This problem is not unique to the Aviation Ministry. 
The GON suffers from excess personnel across the 
board.  Regarding funding, the Minister is unlikely to 
relinquish financial control, especially if she is 
forced to transfer safety oversight to the DG.  End 
Comment). 
 
 
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Comment 
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8. (SBU) Nigeria's slow progress toward implementing 
the recommendations of the 2001 ICAO inspection, even 
with FAA technical assistance, is disconcerting. 
While the Minister and the NCAA regularly express 
their hopes of attaining Category I certification, 
they have little to show to warrant such action.  Why 
so few recommendations have been implemented is 
unclear. Limited institutional capacity, lack of 
training, and an inadequate budget all partly explain 
the reasons. 
 
 
9. (SBU) The Minister herself is not beyond reproach. 
She insists on maintaining tight control over all 
civil aviation activities, from granting landing 
rights to deciding who can hold placards for arriving 
passengers at Murtala Muhammed International Airport 
in Lagos. Her untimely approval of training requests 
is an example of how her unwillingness to delegate 
authority hampers the NCAA's effectiveness. It will be 
interesting to see if the incumbent Minister returns 
should Obasanjo win reelection. 
 
 
10. (SBU) But the largest hurdle remains lack of 
legislation granting NCAA autonomy over safety issues, 
a problem that USG assistance cannot resolve. 
Considering that the National Assembly's attention is 
firmly focused on the April 19 national elections, a 
law is unlikely to be passed soon that would permit 
Nigeria to attain Category I status anytime in the 
near future. 
 
 
JETER