President Bola Tinubu has requested the approval of the Senate for an additional $7.8 billion and €100 million borrowing plan, a mere 24 hours after seeking approval for the N2.18 trillion Supplementary budget.

This move comes amid economic challenges exacerbated by low revenue and what has been described as imprudent government spending.

The President’s request was conveyed in a letter read during a plenary session by Senate President, GodsWill Akpabio, on Wednesday. Just a day prior, President Tinubu had presented the N2.18 trillion supplementary budget to the National Assembly.

A few months ago, the National Assembly approved a total of N819.5 billion presented by the President. This allocation included a N500 billion palliative package to mitigate the impact of recent economic policies.

The President’s letter stated, “The Senate may wish to note that the past administration approved the 2022 – 2024 borrowing plan at the Federal Executive Council which was held on the 15th day of May 2023.”

The borrowing plan encompasses a range of sectors, with a specific focus on infrastructure, agriculture, health, education, water supply, security, employment, and financial management reforms, among others. The total facility for the projects and programs under the borrowing plan amounts to $7,864,508,559 and €100 million.

President Tinubu highlighted that the removal of fuel subsidy and its impact on the economy prompted interest from the African Development Bank and the World Bank Group to assist the country, offering sums of $1 billion and $2 billion respectively.

“The Senate is invited to note that following the removal of fuel subsidy and its impact on the economy in the country, the African Development Bank and the World Bank Group have indicated interest to assist the country in mitigating the economic shores and recent reforms with a sum of $1 billion and $2 billion respectively.

“In addition to the Federal Executive Council approved 2022-2024 external borrowing plan. Consequently, the required approval is 7,864,508,559 dollars, and in terms of euros, 1000 million euros.

“I would like to underscore the fact that the projects and programmes borrowing plans were selected based on positive technical economic evaluations as well as the expected contribution to the social economic development of the country, including employment generation, skills acquisitions, supporting the emergence of more entrepreneurs, poverty reduction and food security to improve the livelihood of an average Nigerian,” he said in the letter.

The president emphasized that the projects were selected based on positive technical economic evaluations and their expected contributions to the socio-economic development of the country, including employment generation, skill acquisition, support for entrepreneurship, poverty reduction, and food security.

He assured that the projects and programs would be implemented across all 36 states of the federation and the Federal Capital Territory, focusing on critical infrastructure projects such as power, railway, and health, among others.

Given the current economic realities facing the country, President Tinubu emphasized the urgency of the Senate’s consideration and approval of the 2022-2024 external borrowing plans to enable the government to fulfill its responsibilities to Nigerians through prompt disbursement and efficient project implementation.

However, the fresh loan request is coming at a time when the federal government’s use of public funds is under serious scrutiny. On Tuesday, it was revealed that the supplementary budget of N2.17 trillion the federal government requested from the National Assembly includes billions of naira budgeted for vehicles.

In the budget allocation, there is an allocation of N2.9 billion for Sport Utility Vehicles (SUVs) for the Presidential Villa. Additionally, another N2.9 billion is set aside for the replacement of operational vehicles for the presidency. Renovation projects for the presidential and vice-presidential residences are also included, with N4 billion allocated for the president’s residence and N2.5 billion for the vice president’s residence.

The State House, which encompasses various aspects of the presidency, is proposed to receive a total of N28 billion, and the Presidential Air Fleet is allocated N12.5 billion for its operations and maintenance.

The budget has faced additional criticism due to the allocation of N5.5 billion for an education loan fund and N5.095 billion for the Nigerian Navy, specifically for the acquisition of a presidential yacht.

These allocations have sparked controversy and raised questions about their prioritization in the budget, especially as the government needs to borrow to fund them.

Aviation Law :- The Regulatory Framework Governing Heliports In Nigeria

This article deals with the regulatory provisions governing Heliports in Nigeria from applicability to certification to regulatory provisions as outlined by the Nigerian Civil Aviation Authority (NCAA).

Applicability of Regulations

NCAA Regulations provide that:-

(a) The regulations shall apply to the certification and operation of heliports in Nigeria with the exception of military heliports.

Operation Of Heliports

– No person shall operate a heliport (mobile or fixed) for the takeoff and landing of helicopters in Nigeria unless he is a holder of a Heliport Certificate (HC) granted under these Regulations for the said operation.

Exemptions

The NCAA provides that:-

(a) The Authority may exempt, in writing, a heliport operator from complying with specific provisions of these Regulations.

– Before the Authority decides to exempt the Heliport Operator, the Authority will take into account all safety related aspects.

Establishment of Heliports In Nigeria

NCAA Regulations provide that :-

(a) The Minister may approve the establishment and development of heliport anywhere in Nigeria;

(b) Roads, approaches, apparatus, equipment, buildings and other accommodations in connection to such heliports shall be maintained by the owners in conformity with these regulations and any other requirement as may be prescribed by the Authority from time to time.

Design/Operation Of Heliports

(a) No person or corporate entity shall commence construction or reconstruction of an heliport without approval of the Authority.

(b) Pursuant to relevant provisions of the NCAA regulations, the Heliport operator shall submit to the Authority the following information for assessment:

(1) heliport layout and markings, lights and signs plans;

(2) architectural drawings of the terminal and other operational buildings.

Restrictions/Prohibitions

-Except with the approval by the Authority, no helicopter shall operate at a heliport.

– No heliport operator shall operate in the night except for emergency purposes granted by the Authority.

-Subject to the approval, the Authority will restrict or prohibit flights at any heliport at which aviation facilities for emergency night flights are lacking; or where the terrain, landing surface conditions or other objects in the vicinity of the heliport could cause a hazard to the operation of helicopters.

– The Authority will restrict or prohibit operation at an Heliport either absolutely or subject to any exceptions or conditions that the Authority will specify, if the restriction is necessary for aviation safety and/or in the public interest.

Requirements to hold Heliport Certificate

-The operator of a heliport intended for landing and take-off of helicopters in Nigeria shall be in possession of a heliport certificate. This also applies to heliports owned by Corporate entities engaged in business activities.

– A person shall not operate a Heliport if the Heliport is not certified by the NCAA.

Application for Heliport Certificate

– An application for the issuance of heliport certificate shall be:

(a) made to the Authority in the appropriate form as prescribed by the Authority.

(b) accompanied by:-

(1) the heliport manual; and statement of compliance demonstrating the heliport Operator’s manual is in compliance with the relevant provisions in this volume;

(2) the plans of heliport; including obstacle chart A showing details of obstructions marked /lighted ;

(3) security clearance from the Federal Government;

(4) written approval from the town planning authority where applicable;

(5) Environmental Impact Assessment approval from the (relevant State entity );

(6) proof of payment of the appropriate fee prescribed by the Authority; and

(7) adequate insurance cover;

(8) Particulars of non-compliance with, or deviations from the standards prescribed in this Regulation.

Grant of Heliport Certificate

-The Authority may approve the application and accept the heliport manual of the applicant for a heliport certificate subject to the provisions in this section and grant a Heliport Certificate to an applicant if:

(a) the Heliport facilities and equipment are in accordance with the applicable heliport standards;

(b) The heliport manual prepared for the applicant’s heliport accurately describes the facilities, services and equipment at the Heliport;

(c) the heliport operating procedures make satisfactory provision for the safety of helicopters;

(d) the applicant would, if granted a certificate, have the necessary competence, experience and resources to operate and maintain the heliport;

(e) an acceptable safety management system is in place at the heliport.

Refusal to Grant Heliport Certificate

If the NCAA refuses to grant a heliport certificate to an applicant, the authority will give the applicant notice of the refusal, and the reasons for it, not later than 14 days from the date of refusal.