Overview

The Federal Airports Authority of Nigeria Act, 2022 (Act No. 38) is a comprehensive legislation enacted by the National Assembly of the Federal Republic of Nigeria on 18th November 2022. It repeals the previous Federal Airports Authority of Nigeria Act (Cap. F5, LFN 2004) and provides for the effective management of airports in Nigeria. The Act establishes the Federal Airports Authority of Nigeria (FAAN) as a body corporate with perpetual succession, a common seal, and the capacity to sue and be sued, as well as to acquire, hold, or dispose of property. The Authority is responsible for managing airports listed in the First Schedule and any other airports assigned by the Minister. The Act establishes a Governing Board for the Authority, with composition reflecting equity and fairness as per Section 14(3) of the Constitution. The Board includes a Chairman, representatives from relevant ministries (not below the rank of a Director), and other members. The Board's functions and powers are detailed, including delegation of functions. The Managing Director is the chief executive, appointed by the President on the recommendation of the Minister, and other staff are appointed as needed. Part IV covers financial provisions: the Authority has a fund into which all receipts are paid, including federal government allocations, fees, charges, borrowings, and gifts. Expenditure is directed towards running costs, staff remuneration, pensions, and capital projects. Annual estimates require approval from the Minister and National Assembly. The Authority can borrow with Ministerial and National Assembly approval, accept gifts, and submit accounts to the Auditor-General for auditing. An annual report is submitted to the Minister for National Assembly presentation. The Authority is exempt from taxes and statutory remittances. Part V grants powers to discontinue airport use (with Ministerial approval), manage additional airports, and acquire land compulsorily (with Presidential approval). The Authority can enter land for surveys and establish a staff housing scheme. Part VI limits legal proceedings to 12 months from cause of action, specifies service of documents, restricts execution of judgments against the Authority (requires 90 days notice), indemnifies officers for acts in good faith, prohibits arrest of officers on essential services, and allows representation by Director of Legal Services in suits. Part VII grants the Federal High Court exclusive jurisdiction over matters related to the Act. Part VIII creates offences: unauthorized construction/reconstruction near airports is punishable by imprisonment (5-10 years) or fines; failure to remit funds is a felony with 3-7 years imprisonment; staff of body corporates involved in offences are individually liable. Part IX miscellaneous provisions: the Minister can issue directives (subject to National Assembly approval), the Authority can make bye-laws (with Ministerial and National Assembly approval), essential services are designated (including air traffic control and fire services), the Public Officers Protection Act applies, and the previous Act is repealed with savings and transitional provisions for ongoing matters, staff, and contractual rights. The Act is cited as the Federal Airports Authority of Nigeria Act, 2022, and commences on 18th November 2022.

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