Nigeria’s airport service provider, Skyway Aviation Handling Company Plc (SAHCO), has been dragged before a Federal Capital Territory (FCT) High Court over alleged breach of confidentiality and false information.
The plaintiff, an airline, XEJet Limited, said in the suit that the aviation handling company had no contractual right to suspend or withdraw ground handling services for non-payment of invoices.
The airline equally held that SAHCO’s Credit Policy formed no part of the agreement entered into by the two companies.
In the suit marked FCT/HC/CV/4506/2026, filed by its counsel, Alex Izinyon, SAN, the airline sought 11 reliefs after raising seven questions for determination by the court.
The reliefs sought by the airline include a declaration that information concerning its account with SAHCO, including the defendant’s invoices and statements of account, the sums invoiced, paid and outstanding, and the claimant’s payment history, communications and proposals, is confidential information which the defendant is bound permanently to keep confidential.
The court is also asked to make a declaration that the defendant is not entitled, without the claimant’s prior written consent, to disclose such information to the Aviation Ground Handlers Association of Nigeria (AGHAN).
In the same vein, the plaintiff asked the court for 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 with 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 SAHCO, whether by itself, its directors, officers, servants, agents or privies, from further disclosing any information concerning the claimant’s account, or any other information, to AGHAN, its officers or members, the press or any other third party.
The airline sought the sum of N1 billion as general damages for breach of Paragraph 13.1 of the Agreement and another N100 million as general damages for the wrongful withdrawal of ground handling services on September 28, 2026.
In an affidavit in support of the originating summons, deposed to by Emmanuel Ayuba Iza, the Group Chief Executive Officer of XEJet Limited, the airline said it and SAHCO are parties to a Standard Ground Handling Agreement effective January 1, 2026, and the Main Agreement and Annex A of the Standard Ground Handling Agreement of January 2018 published by the International Air Transport Association.
The claimant said that under the Agreement, SAHCO undertook to provide ground handling services to its 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.
Parts of the affidavit read:
“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’, toward the outstanding account and in furtherance of a payment arrangement with the defendant.”
In a separate suit, the airline dragged the Incorporated Trustees of Aviation Ground Handlers Association of Nigeria (AGHAN) before the FCT High Court over allegations of false information to the media and the general public.
The airline is claiming N15 billion in general, aggravated and exemplary damages for the alleged infraction.
The airline, in its Statement of Claim, said that by a letter dated September 23, 2026, SAHCO fixed September 28, 2026, as the latest date for payment or 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.”
Airline sues aviation handling company over alleged breach of confidentiality