By Svetlana Marshall

THE NATIONAL Air Transport Association (NATA) has appealed a decision of the High Court, which paves the way for the Ogle International Airport to be renamed the Eugene F. Correia International Airport.But even if that fails, Attorney-at-Law Christopher Ram said the “Caribbean Court of Justice (CCJ) is always an option.”

On April 22, 2016, three of NATA’S nine members – Air Services Limited, Roraima Airways Limited and Wings Aviation Limited – applied to the Commercial Division of the High Court for an injunction to be filed against OAI to prevent the renaming of the airport. However, the injunction was subsequently discharged by the Judge in Court on May 3.

Speaking on the issue, before a full house of reporters at the Private Sector Commission (PSC) on Wednesday, Ram disclosed that NATA has appealed the High Court’s decision, but a date for the commencement of the appeal has not been set.

It was explained that redress is available under the Company’s Act, which speaks to the issue of “oppression of the minority.” In this scenario, the court can issue several orders including the redistribution of shares or the implementation of a new governance structure.

As NATA awaits the decision of the Court of Appeal, it is calling on the Government to reconsider its decision to rename the Ogle International Airport, the Eugene F. Correia International Airport, contending that such a move will give the Correia Group of Companies an even more unfair advantage over the other operators.

In a lengthy statement, NATA’s President, Annette Arjoon-Martins explained that OAI was incorporated in 2000 with five equal shareholders, each owning 20% of the shares, all of whom were directors of the company.

But the situation, according to Arjoon-Martins, took a turn for the worse when the Correia Group of Companies secured control of more than 50% of the company.

“Fifteen years later through a series of manipulation by the Chairman, Mr. Michael Correia, the Correia Group of Companies also now own 67% of the shares of this company (OAI). As a result, Ogle International Airport has now become a member of the Correia Group of Companies,” she posited.

According to the NATA President, of the original five directors only two were “allowed” to remain. “It was never the intention of the five founding shareholders/directors that one of the aircraft operators should ever control the airport. It was also never the intention of the Government of Guyana, when they signed the lease agreement with OAI in 2000, that one single operator would control the airport in 2016,” Arjoon-Martins contended.

NATA is now of the opinion that the Government’s decision to rename the airport after Eugene F. Correia would only result in the Correia Group of Companies employing more of its anti-competitive tactics at the secondary airport.

Upon learning of President David Granger’s suggestion that the airport be renamed, NATA wrote OAI Chairman informing him of its non-support. NATA’s membership collectively owns and operates over 40 aircraft at the Ogle International Airport and represents 90% of the aviation industry.

“This was due to our collective experience of abuse, dominance and oppression by the Correia Group and OAI,” Arjoon-Martins explained. In 2013, an anti-competitive complaint was made to the Competition and Consumer Affairs Commission against the company.

“As Chairman of OAI, Mr. Michael Correia sold the idea of the President’s proposal to the board members as a Presidential initiative. He gave no consideration whatsoever of its detrimental impact to the nine aircraft operators, which compete with his companies. He cared even less that seven of these operators have no representation on the board of OAI, which his family and associates dominate…

“His influence stretches beyond the boundaries of the airport as he caused our regulatory agency on October 28, 2015 to expeditiously effect the name change of the airport without the knowledge of either the two Ministers in the Ministry of Infrastructure…In that instance it was also cleverly hidden in renaming two local airstrips at the same time,” she posited, noting that NATA’s appeal was successful in having the name change withdrawn.

Supplying the press with letters as evidence of their action, Arjoon-Martins explained that a letter was subsequently dispatched to President Granger on October 29, stating NATA’s objection. The President responded on December 2.

Based on the letter sent by the President and discussions with the Minister of Public Infrastructure David Patterson, Arjoon-Martins said the members of NATA were of the opinion that the Government and OAI was not proceeding with the name change until they would have gotten a hint on April 14, that an instruction was issued for the airport to be renamed. When legal recourse was sought NATA found out that on April 17 Minister Patterson had given his no objection to the Guyana Civil Aviation Authority to effect the name change.

“Placing the Correia name on the airport would give them a distinct competitive advantage over the nine aircraft operators, who represent 90% of the industry,” NATA President reiterated, while pointing out that the Master Lease between the Government and OAI mentions the words “fair and equitable access” no less than 40 times.

As such, NATA is renewing its calls for Minister Patterson to review the Master Lease, which includes the establishment of an Airport Review Panel. The organization is also calling on the Government to ensure that the long overdue National Airport Authority is established.