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FG, Bi-Courtney truce voids N132bn judgement debt


For almost two decades, a parcel of land within the bustling Murtala Muhammed Airport has reflected ambitions derailed by dispute. Unfinished concrete structures remained locked in time, cranes lay dormant, and a once-promising airport hotel and conference complex turned into a lasting emblem of Nigeria’s prolonged infrastructure conflicts, OLASUNKANMI AKINLOTAN reports

After a protracted legal battle, the Federal Government and Bi-Courtney Aviation Services Limited have struck a far-reaching truce, one that wipes out a staggering N132bn judgement debt while reopening the door to a long-abandoned project many had written off.

At the heart of the agreement is a delicate compromise; Bi-Courtney will forfeit its N132bn Supreme Court judgement debt against the government and relinquish certain concession rights tied to the airport’s Terminal 2 operations.

The Punch learned that a major concession among these will now be to allow the Lagos State Government to build its planned airport in the Lekki area of the state.

Before now, Bi-Courtney had agreed with the government that it would not build any other airport in Lagos until the expiration of the MM2 lease years.

Meanwhile, in exchange, the government will restore the company’s rights to complete and operate its hotel and conference centre projects within the airport vicinity.

Revealing the breakthrough, the Minister of Aviation and Aerospace Development, Festus Keyamo, described the agreement as more than a resolution, positioning it as a fresh start for Nigeria’s aviation sector.

“This resolution reflects our commitment to fostering a conducive environment for investment, efficiency, and growth in the aviation industry,” Keyamo stated.

The conflict dates back to 2005, when Bi-Courtney began developing the airport hotel and conference centre on land allocated by the Federal Airports Authority of Nigeria. The project was envisioned as a complementary facility to the privately operated Terminal 2, popularly known as MM2, a landmark in Nigeria’s early experiment with airport concessions.

By 2013, FAAN had terminated the leases granted to Bi-Courtney, citing alleged breaches of contractual obligations and failure to complete the project within agreed timelines. The move triggered a legal battle that would drag on for years, entangling courts, regulators, and investors.

Bi-Courtney pushed back, securing a court order restraining FAAN from repossessing the site and insisting the delays were not of its making.

“We are ready to finish the two projects, but we are completely scared of FAAN because of its antecedents,” the firm said at the time, revealing the depth of mistrust.

“For example, we spent $2m to buy tiles and another $1.2m to airlift them for the projects, only for FAAN to frustrate us,” the company said.

The consequences went beyond halted construction. According to the company, international partners walked away, spooked by what they perceived as an unpredictable business environment.

“What is more painful is that an international company that we signed agreements with on the two projects pulled out of Nigeria because of the harsh business environment,” Bi-Courtney lamented.

For years, the conflict loomed over not only the abandoned project site but also Nigeria’s wider push to draw private investment into infrastructure.

By the time the matter reached final stages in courts, the financial stakes had ballooned. A Supreme Court judgement had awarded Bi-Courtney N132bn, placing a significant liability on the Federal Government.

Yet, even with the judgement in favour of the company, the project remained stalled. That paradox is what makes the latest agreement striking.

In a recent statement, Keyamo said, “What we have achieved is a win-win outcome for all parties. Bi-Courtney has agreed to write off the N132bn Supreme Court judgement debt and relinquish certain concession rights, while the Federal Government, in turn, has restored their rights to complete and operate the hotel project on a mutually beneficial revenue-sharing basis.”

For a company walking away from a claim, the decision raises obvious questions. But for insiders, the answer lies in the long game: reviving a commercially viable asset may ultimately prove more rewarding than pursuing a prolonged legal victory.

Beyond the numbers, the agreement carries symbolic weight.

For years, the derelict structures near MM2 have stood as a constant reminder to travellers of unrealised potential. Now, officials say, the project may finally shift from aspiration to actual delivery.

Keyamo believes the ripple effects will extend far beyond a single development, saying, “This agreement unlocks the full commercial potential of MM2 and removes encumbrances that have hindered broader projects, including the proposed Lekki International Airport.”

In an industry where infrastructure gaps often translate into higher costs and inefficiencies, the potential revival of the hotel and conference centre is being viewed as a step towards a more integrated aviation ecosystem.

It could also signal a shift in how government and private investors resolve disputes through negotiation rather than prolonged litigation.

The Minister promptly acknowledged Bi-Courtney’s leadership, especially its chairman, Wale Babalakin, for their role in securing the agreement. According to him, the breakthrough reflects “the power of dialogue, professionalism, and collaboration in resolving even the most complex disputes.”

If that happens, the real victory will not just be the resolution of an N132bn debt but also the restoration of confidence in potential investors in the aviation sector.

Industry expert Samuel Caulcrick described the resolution as a positive step, noting that while both the public and investors are still waiting for full details of the agreement, early indications suggest it could boost investor confidence.

He implied that the development appears encouraging and may signal new opportunities, even as stakeholders remain cautiously expectant.

He said, “The resolution is a welcome development; the public is still awaiting the details. As for investors, they are as anxious as the public for the details; to me, it looks promising to would-be investors.”

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