Kufuor's Pal, Minister trade Blows

-- Council of State summons Anane....

Alhaji Asuma Banda and the Minister for Roads and Transport, Dr. Richard Anane (pictured), are engaged in fisticuffs over the last minute cancellation of Antrak Air’s regional routes and a limitation imposed by the Ghana Civil Aviation Authority on the budding airline to operate only domestic routes despite being licensed for domestic and regional flights.

Whereas the Minister is questioning the power of the Air Transport and Licensing Authority (ATLA) to issue a commercial air carrier’s license to Antrak Air to operate domestic and regional flights, Alhaji Banda is also questioning the logic of sabotaging his over $5 million investment based on either the ignorance or incompetence of senior staff of the Ministry.

Dr. Anane stated that there should have been a proviso that should restrict Antrak Air to domestic flights for a period of six months after which it would be allowed to fly regional routes. But Alhaji Banda said that he and the approving authority had agreed that that he would operate the two routes at the same time that was why he was given the license to operate both at once.

According to the Minister, even though ATLA is a department under his Ministry and was initially responsible for the issuance of a commercial air carriers license, the Civil Aviation Act took away such powers and so he was not aware that ATLA was still issuing licenses as late as 2002.

Alhaji Banda said ATLA has been in existence for a long time. It is part of the Ministry of Roads and Transport. The Chairman of ATLA is the Chief Director of the Ministry of Transport and other members include the Director General of Ghana Civil Aviation Authority and the Secretary is a lawyer from GCAA while Group Captain Boateng represents the Ghana Air Force. Ghana Airways has two representatives.

“So ATLA is a recognized body and if it has been dissolved and they haven’t given us anybody to approach regarding licenses, how do I know the internal arrangement of the Ministry. If anybody has flouted the so-called Civil Aviation Act, then it is the staff from his own Ministry.

“I don’t pay that price. The officers are still at post, do I pay a price for the inefficiency of his ministry? If I was the Minister, I would defend my staff and not to tell the whole world that I have a very inefficient staff who don’t know what to do.” Alhaji added.

On November 19, 2002, GCAA, based on a recommendation from the ATLA, issued a Commercial Air Carrier’s License to Antrak Air to operate scheduled domestic and regional passenger services. The License did not contain a proviso that Antrak Air, notwithstanding their license had to first operate domestic flights for six months before it could be allowed to operate the regional routes.

Alhaji Banda told The Chronicle that if he was told or if there was any proviso on his license that he had to operate only domestic routes for six months he would have withdrawn his application because as far as he was concerned Antrak Air would collapse before the six months.

Following the issuance of the Air Carriers License, Antrack Air in a letter dated July 25, 2003 signed by Alhaji Banda to the Director General of GCAA and copied the Minister for Roads and Transport informed them that Antrak Air was about to commence operations on September 1, 2003 and that the airline would begin with scheduled domestic and regional passenger services.

The letter said, “We are pleased to inform you that following the issuance of our Air Carrier License, Antrak Air, will start operating scheduled domestic and regional passenger services effective Monday, September 1, 2003. The Airline will be based in Kumasi (first in aviation history) and will operate all its first and last flights from and to Kumasi on daily basis.”

The letter also gave the details of the route network as Accra/Kumasi Accra, Accra/Tamale /Accra. Accra/ Lagos/ Accra, Accra/Abidjan/Accra, Accra/Lome/ Niamey/ Cotonou/Accra, Accra/Tamale/Ougadugu/Tamale/Accra and Accra/Abidjan/Accra/ Abuja/Accra. It also added that Antrak Air would start operations, using a wet lease ATR42 turbo prop aircraft leased from Viaggio Air of Bulgaria.

On the same day, Antrak Air again wrote to the Director of Flight Safety stating that in preparation of their scheduled domestic and regional flights, Antrak Air was leasing an aircraft from Viaggio Air of Bulgaria and was therefore requesting for the inspection and approval of the aircraft pursuant to the issuance of an operating permit to facilitate their operations.

Mr. E. F. Akohene, Director of Safety regulations replied Antraks Air’s letter of commencement and stated that before Antrak Air could commence operations, there was the need for a visit by GCAA Airworthiness and Operations Inspectors to Bulgaria to assess the management set-up facilities, equipment, manuals and personnel of Viaggio Air as well as inspect the aircraft and its maintenance records.

Mr. Akohene stated: “Antrak Air will be responsible for the two inspectors’ return air tickets and hotel accommodation. A fee of $4400 will also be charged for the inspections, and this must be paid to the Authority at least five days before the departure date from Accra”

On August 6, 2003, Mr. Akohene wrote another letter to Antrak Air reminding them of their letter to GCAA that Antrak wanted to commence domestic and regional flights on September 1, 2003 and the fact that GCAA has taken note of Antrak’s scheduled route network.

“However, Antrak Air cannot commence operations until the outcome of the necessary inspections has been adjudged successful. We wish to draw your attention to our previous letter dated July 29, 2003” Mr. Akohene warned.

Antrak complied and paid the $4400 and another $2300 for the issuance of the Operating Permit.

Having satisfied itself, GCAA, acting through the then Acting Director of Safety Regulations, Bruce Armah, issued a Temporary Operating Permit to Antrak Air to commence operations of their proposed domestic and regional flights.

The permit stated, “Based on the satisfactory inspection of organizational set-up operations and maintenance facilities at Viaggio Air including the ATR 42-300 Aircraft, A Temporary Operating Permit is hereby granted to Antrak Air Ghana Limited to operate ATR 42-300 registration number LZ-ATR aircraft for a period of three months”

Just when Antrak Air was about to take off after receiving all the relevant permits and licenses, they received a letter dated September 2, 2003 from the Director General of GCAA, Capt. Joe Boachie sating that notwithstanding the fact that Antrak Air has the License to operate both domestic and regional flights the issuing Authority in line with existing guidelines does not approve of Antrak Air operating the sub-regional routes ab intio.

“In this connection you are hereby granted permission to do domestic operation for six months and thereafter reapply for the sub-regional operations” Capt. Boachie added.

This is what Alhaji Banda claims came as a rude shock to him because the Director of GCAA is Member of ATLA on whose recommendation GCAA issued the license to Antrak Air.

He said it was strange that the Director General waited until a day after everything was ready before he gave such an order.

Alhaji Banda added it was then that he went and saw the President and Otumfuo Osei Tutu II to complain about the fact that somebody was frustrating his $5 million investment.

But Dr. Anane explained to The Chronicle that the first time he heard of Antrak Air was when he was informed that it was going to commence domestic and regional operations and that he was surprised that the application for the Air Carrier’s License did not pass through his office.

He however admitted that he received a recommendation from ATLA to issue the license to Antrak Air, adding that it was the first time he got to know of Antrak Air and the fact that in spite of the Civil Aviation Act, ATLA was still in the business of issuing licenses.

According to Dr. Anane notwithstanding the fact that ATLA is not the appropriate agency to issue the license he called on the officers to facilitate it but instructed them to make sure that Antrak Air obeyed all the rules just as every Ghanaian.

According to the Minister, there should have been a proviso on the license, which indicates that Antrak Air should operate domestic flights for six moths after which he will be allowed operate the regional routes.

When asked why these guidelines were not communicated to Antrak Air before the commencement of operations, the Minister said it was an unfortunate mistake for which the ministry had to take responsibility.

Dr. Anane also indicated that as an international airline Antrak Air will serve as an ambassador to Ghana and that is why there is the need to assess its performance before being allowed to fly regional routes. He added that there is the need for some bilateral arrangements to be reached before Antrak Air can fly to certain countries.

But Alhaji Asuma Banda stated that he was not asking for a favor and that is why he did not send his application to the Minister.

“I wanted to follow the rules and I know that the Minister doesn’t issue certificates. I was told that ATLA was in charge of the issuance of the Commercial Air Carrier License and I went to them. They did not tell me that they were not in charge. They recommended the issuance of the license and the Minister is saying he facilitated it so what is the problem again” Alhaji said.

Alhaji said that even though President Kufuor was his friend, he decided to follow the rules and not to be seen to be using his relationship with the President to pressurize anybody.

Dr. Anane admitted that he had been summoned to the Council of State but declined to disclose what transpired.