By Vivian Okejeme
A privately owned airline, XEJet Limited, has dragged Skyway Aviation Handling Company Plc (SAHCO) before a Federal Capital Territory (FCT) High Court over an alleged breach of confidentiality.
In the suit, the airline said the aviation handling company had no contractual right to suspend or withdraw ground handling services for non-payment of invoices, adding that the defendant’s Credit Policy formed no part of the agreement entered into by the two companies.
In the suit filed on behalf of XEJet by its counsel, Alex Izinyon II, Esq., the company sued Skyway Aviation Handling Company Plc (SAHCO) as the sole defendant.
In the suit, marked FCT/HC/CV/4506/2026, the claimant raised seven questions for determination and also sought 11 reliefs.
Among the questions, the claimant asked the court to determine whether, upon a true construction of Paragraph 13.1 of Annex B 1.1 to the Standard Ground Handling Agreement between the claimant and the defendant, effective January 1, 2026, information concerning the claimant’s account with the defendant, including the defendant’s invoices and statements of account, sums invoiced, paid and outstanding, as well as the claimant’s payment history, communications and proposals, constituted information made available by or on behalf of the parties to each other in the provision of the services, which the defendant undertook permanently to keep confidential.
The claimant also asked the court to determine whether the defendant, by disclosing information concerning the claimant’s account to AGHAN, its officers or members, which AGHAN published in its statement of September 28, 2026, acted in breach of Paragraph 13.1 of the agreement.
It further asked the court to determine whether, upon a true construction of Paragraph 4.2 of the agreement, the exclusion of liability for loss of profits, revenue, business and goodwill applies to losses caused by a breach of Paragraph 13.1 committed negligently or through wilful misconduct.
In the suit dated September 30, 2026, the claimant sought, among other reliefs, a declaration that, upon a true construction of Paragraph 13.1 of the agreement, information concerning the claimant’s account with the defendant, including the defendant’s invoices and statements of account, sums invoiced, paid and outstanding, as well as the claimant’s payment history, communications and proposals, constituted confidential information which the defendant was permanently bound to keep confidential.
It also sought a declaration that the defendant was not entitled, without the claimant’s prior written consent, to disclose such information to AGHAN, its officers or members, or to the press.
The claimant further sought a declaration that the defendant, by disclosing information concerning the claimant’s account to AGHAN, its officers or members, acted in breach of Paragraph 13.1 of the agreement and that the breach was committed through wilful misconduct or, alternatively, negligently, within the meaning of Paragraph 4.2 of the agreement.
The claimant also sought an order of perpetual injunction restraining the defendant, whether by itself, its directors, officers, servants, agents or privies, from further disclosing any information concerning the claimant’s account, or any other information falling within Paragraph 13.1 of the agreement, to AGHAN, its officers or members, the press or any other third party, except as permitted by Paragraph 13.1.
The claimant sought ₦1 billion in general damages for the alleged breach of Paragraph 13.1 of the agreement and another ₦100 million in general damages for the alleged wrongful withdrawal of ground handling services on September 28, 2026.
In the affidavit in support of the originating summons, deposed to by Emmanuel Ayuba Iza, Group Chief Executive Officer of XEJet Limited, the airline said it and the defendant were parties to a Standard Ground Handling Agreement comprising Annex B 1.1 (Locations, Agreed Services and Charges), effective January 1, 2026, as well as the Main Agreement and Annex A of the January 2018 Standard Ground Handling Agreement published by the International Air Transport Association, which Annex B 1.1 incorporates by the simplified procedure as if repeated in full.
The claimant said that, under the agreement, the defendant undertook to provide ground handling services for the claimant’s aircraft, passengers and baggage at Abuja, Lagos, Benin, Asaba and Warri airports, including passenger handling, baggage handling, marshalling, loading and unloading, towing and push-back of aircraft, and load control.
The deponent stated in the affidavit:
“By a letter dated 4th September 2026 (reference SAH/4U/MD/04-09/255) addressed to me, the Defendant requested settlement, on or before 10 September 2026, of the invoices shown in a Statement of Account as at 15 August 2026, and invited the Claimant to raise any queries on the statement within the same period.
“Upon receipt of the said letter, the Claimant engaged the Defendant in negotiation and in a joint reconciliation of the account in order to verify the sums actually owed, invoice by invoice.
“The Defendant did not suspend its services when 10 September 2026 passed, and it continued to provide them.
“By a letter dated 23 September 2026 (reference SAH/4U/MD/23-09/257) addressed to me, the Defendant requested settlement within three working days of receipt, on or before 28 September 2026, and stated that it would suspend services if it did not receive payment ‘or a satisfactory payment arrangement’ within that period.
“On 28 September 2026, from about 8.00 a.m., before the period fixed in its letter of 23 September 2026 had expired, the Defendant withdrew ground handling services from the Claimant at all airports in Nigeria.
“Notwithstanding the withdrawal, and within the period stipulated in the Defendant’s letter of 23 September 2026, the Claimant, on the same 28th September 2026, paid the Defendant the sum of N7,000,000.00 by two bank transfers of N2,000,000.00 and N5,000,000.00 respectively, each narrated ‘Ground handling outstanding’, towards the outstanding account and in furtherance of a payment arrangement with the Defendant.”
In a separate suit, the airline also dragged the Incorporated Trustees of the Aviation Ground Handlers Association of Nigeria (AGHAN) before the court over allegations that the association disseminated false information to the media and the general public.
The airline is claiming ₦15 billion in general, aggravated and exemplary damages.
The claimant said it had a commercial account for ground handling services with Skyway Aviation Handling Company Plc (SAHCO).
SAHCO is a ground handling company and a member of AGHAN.
The claimant, in its statement of claim, said that by a letter dated September 23, 2026, SAHCO fixed September 28, 2026, as the deadline for payment or the establishment of a satisfactory payment arrangement.
The airline said:
“The Claimant and SAHCO were in discussion when the publications complained of in the media were made. The Claimant owed no sum to any other member of AGHAN.
“No payment plan had been concluded between the Claimant and SAHCO or the 1st Defendant; the Claimant had proposed terms and commenced payment on account, as pleaded below; and the Claimant was never served with, or became party to, any notice or arrangement arising from the 1st Defendant’s ultimatum of September 2026.
“Between 28th and 29th September 2026, the Claimant paid SAHCO the sum of N215,898,420.25 in aggregate, by five bank transfers, in full settlement of the account: the first two transfers, totalling N7,000,000.00, were received by SAHCO on 28th September 2026, within the period fixed by its letter of 23rd September 2026; the remaining three, totalling N208,898,420.25, were paid on 29th September 2026.
“On 28th September 2026, the 1st Defendant, acting by its President and Vice President, published a joint statement signed by them and released it to the press.”
The claimant said the 1st Defendant released the AGHAN statement intending and knowing that it would be republished in national newspapers and online, and that it was subsequently republished by the media.
Never miss a moment! Get the stories shaping Nigeria, delivered straight to your phone. Follow Peoplesdaily Newspaper on WhatsApp for breaking news, exclusive reports, and the headlines everyone will be talking about, before anyone else.
