Section 32 Nigerian Civil Aviation Act 2022
Section 32 of the Civil Aviation Act 2022 is about Power to issue, amend, modify, suspend or revoke certificates. It is under Part VII (Powers of the Authority to Control and Regulate Civil Aviation) of the Act.
(1) The Authority shall have power to—
(a) issue, amend, vary, cancel, refuse and suspend approved training organisation certificates or maintenance organisation certificates in conformity with regulations made under this Act ;
(b) issue, amend, vary, cancel, refuse and suspend an aircraft and aeronautical products design and production certificate in conformity with regulations made under this Act ;
(c) issue, validate or accept type certificates and prescribe in such certificates, terms, conditions and limitations as is required in the interest of safety ;
(d) issue, renew or validate certificates of airworthiness in respect of an aircraft, and specify in such certificates, the duration of such certificates, the type of services for which the aircraft may be used and such other
terms, conditions or limitations as is required in the interest of safety ;
(e) issue, amend, vary, cancel and suspend airworthiness approvals, licences and certificates in conformity with regulations made under this Act ;
(f ) develop, issue and amend airworthiness directives, bulletins, orders, terms and conditions to bring it in to conformity with airworthiness regulations ;
(g) issue, amend, vary, cancel, refuse and suspend aerodrome certificates ;
(h) issue, amend, vary, cancel or suspend such other certificates, licences or authorisations issued pursuant to regulations made under this Act ; or
(i) specify the fees to be paid for the issue, validation, acceptance, renewal, extension or variation of any certificate, licence or any other document issued under this Act or the undergoing of any examination or test required which may be expedient for the purpose of the regulation of fees charged.
(2) Without prejudice to the generality of the foregoing subsections, the Authority’s power shall include the power to make regulations as to the manner and conditions of the issue, validation, acceptance, renewal, extension or variation of any certificate, licence or other document required by the regulations including the examinations and tests to be undergone, and as to the form, custody, production, cancellation, suspension, endorsement and surrender of any such document.
(3) An application for the variation, suspension or revocation of a licence, permit, certificate or any other authorisation may be made to the Authority at any time in such manner and by such person as may be prescribed by the Authority.
(4) The Authority may at any time vary, suspend, revoke and cancel, a licence, permit, certificate or any other authorisation where it considers it appropriate to do so, whether or not such an application with respect to the
licence, permit, certificate or authorisation has been made under subsection (3).
(5) The Authority may exercise its powers to revoke, cancel, suspend or vary a licence, permit, certificate or authorisation (whichever is appropriate in the circumstances) where it is not or is no longer satisfied that —
(a) the holder is fit and proper to hold the licence, permit, certificate or other authorisation, having regard to—
(i) his and his employees’ experience in the field of aviation and his and their past activities generally, and
(ii) where the holder of the licence, permit, certificate or other authorisation is a body corporate, the experience in the field of aviation and the past activities generally of the persons appearing to the Authority to control that body while conducting air transport business under the authority of the licence, permit, certificate or other authorisation ;
(b) the resources of the holder of the licence, permit, certificate or other authorisation and the financial arrangements made by him are adequate for discharging his actual and potential obligations in respect of the business activities in which he is engaged ; and
(c) the holder of a licence, permit, certificate or other authorisation subject to section (1) is a citizen of Nigeria or such company or body as mentioned in section 96 (1) of this Act.
(6) The Authority may exercise its powers under this Act to revoke, suspend or vary a licence, permit, certificate or authorisation (whichever is appropriate in the circumstances) where it is satisfied that the holder of a
licence has contravened any of the provisions of this Act or any regulation made under it especially any provision and regulations relating to safety and security or any provision or regulation the breach of which constitutes an
offence under this Act or such regulation.
(7) The provisions of subsections (1), (2), (3) and (4) conferring on the Authority power to vary, cancel, suspend and revoke a licence, permit, certificate or other authorisation shall be construed as conferring on the Authority power to provide, by a notice in writing served in the prescribed manner on the holder of the licence, permit, certificate or other authorisation that the licence, permit, certificate or other authorisation shall not be effective
during a period specified in the notice.
(8) The Authority may, while a licence, permit, certificate or other authorisation is ineffective by virtue of such a notice, by a further notice in writing served in the prescribed manner on the holder, provided that the licence,
permit, certificate or other authorisation shall be effective on and after a date specified in the further notice, but the further notice shall not prejudice the Authority’s powers to suspend the licence, permit, certificate or other
authorisation again or to revoke or vary it.
(9) The Authority may, for any reason, re-inspect or re-examine any civil aircraft, aircraft engine, propeller, appliance, air operator, aerodrome, aerodrome operator, school, approved maintenance organisation and allied aviation service provider or any civil airman holding a licence or certificate issued under this Act.
(10) Where, as a result of any of such re-inspection or re-examination, or where, as a result of any other investigation the Authority determines that safety and security in civil aviation or commercial air transport and the public interest requires, the Director-General may issue a notice amending, modifying, suspending, or revoking, in whole or in part, any airworthiness certificate or licence, airman licence or certificate, air operator certificate or licence, licence or certificate for any aerodrome, school, approved maintenance organisation or allied aviation service providers issued under this Act.
(11) Prior to amending, modifying, suspending, or revoking any of the foregoing licence or certificate, the Director-General shall advise the holder of it as to any charges or reasons relied upon by the Director-General for the proposed action and, except in cases of emergency, shall provide the holder of such a certificate or licence an opportunity to answer any charge and be heard as to why such certificate or licence should not be amended, modified, suspended, or revoked.
(12) Any person whose certificate or licence is affected by an order of the Authority under this section may appeal in accordance with regulations made under this Act.
(13) The filing of an appeal under this section shall not stay the decision of the Authority.
