XEJet Sues SAHCO, AGHAN for N16.1bn Over Confidentiality, Alleged False Publications

By Adedapo Adesanya

A private airline, XEJet Limited, has filed two suits at the Federal Capital Territory High Court in Abuja, seeking a total of N16.1 billion in damages from Skyway Aviation Handling Company Plc (SAHCO) and the Aviation Ground Handlers Association of Nigeria (AGHAN).

XEJet accused SAHCO of breaching the confidentiality of its account by disclosing details to AGHAN, while alleging that the association published false information about the airline in the media.

In the first suit, marked FCT/HC/CV/4506/2026 and dated September 30, 2026, XEJet is seeking N1.1 billion in damages from SAHCO.

The claim comprises N1 billion in general damages for alleged breach of confidentiality and N100 million for the alleged wrongful withdrawal of ground-handling services on September 28, 2026.

In the second suit, XEJet is seeking N15 billion in general, aggravated and exemplary damages from the Incorporated Trustees of AGHAN over what it described as false publications.

SAHCO is a member of AGHAN.

Through its counsel, Mr Alex Izinyon II, XEJet raised seven questions and sought 11 reliefs in the suit against SAHCO.

The airline asked the court to determine whether information relating to its account with SAHCO, including invoices, statements of account, amounts invoiced, payments made and outstanding balances, payment history, communications and proposals, was confidential under Paragraph 13.1 of Annex B 1.1 of the Standard Ground Handling Agreement, effective January 1, 2026.

It also asked whether SAHCO breached the provision by disclosing the information to AGHAN, its officers or members, which subsequently published the information in a statement dated September 28, 2026.

XEJet further asked the court to determine whether the exclusion of liability for loss of profits, revenue, business and goodwill under Paragraph 4.2 applied where a breach was committed negligently or through wilful misconduct.

The airline is seeking a declaration that the information relating to its account is confidential and that SAHCO is permanently bound to keep it confidential.

It also wants the court to declare that SAHCO cannot disclose the information to AGHAN, its officers or members, or the press without its prior written consent.

XEJet is further seeking a declaration that SAHCO’s alleged disclosure breached Paragraph 13.1 of the agreement and was committed through wilful misconduct or, alternatively, negligence.

The airline is also asking for a perpetual injunction restraining SAHCO, its directors, officers, servants, agents or privies from further disclosing the information to AGHAN, the press or any third party, except as permitted under Paragraph 13.1.

XEJet also challenged SAHCO’s alleged contractual right to suspend or withdraw its services over unpaid invoices, arguing that SAHCO’s Credit Policy did not form part of the agreement between both parties.

In an affidavit supporting the originating summons, XEJet’s Group Chief Executive Officer, Mr Emmanuel Ayuba Iza, said the agreement covers ground-handling operations at the Abuja, Lagos, Benin, Asaba and Warri airports.

He said the services covered by the agreement include passenger and baggage handling, marshalling, loading and unloading, towing and push-back, and load control.

According to him, the agreement also incorporates the 2018 IATA Standard Ground Handling Agreement.

Mr Iza claimed SAHCO, in a letter dated September 4, 2026, asked XEJet to settle invoices contained in a statement of account as of August 15, 2026, by September 10, while inviting queries on the statement within the same period.

He said XEJet subsequently entered into negotiations with SAHCO and undertook a joint reconciliation of the account on an invoice-by-invoice basis.

According to him, SAHCO did not suspend its services when the September 10 deadline elapsed.

Mr Iza said SAHCO later demanded payment or “a satisfactory payment arrangement” within three working days in a September 23 letter, warning that its services would be suspended if XEJet failed to comply by September 28.

He alleged that SAHCO nevertheless withdrew its ground-handling services from XEJet at all airports in Nigeria from about 8:00 a.m. on September 28, before the expiration of the stipulated period.

Mr Iza added that XEJet paid N7 million through two transfers of N2 million and N5 million respectively on September 28, with both transactions bearing the narration “Ground handling outstanding,” as part of a payment arrangement.

In its statement of claim against AGHAN, XEJet said it was still in discussions with SAHCO when the publications it complained about were issued.

The airline said it owed no money to any other member of AGHAN and had not concluded any payment plan with either SAHCO or AGHAN.

It also said it was never served with, or made a party to, any notice or arrangement arising from AGHAN’s ultimatum issued in September 2026.

XEJet also said it paid SAHCO a total of N215,898,420.25 on September 28 and 29 through five transfers, which it described as being “in full settlement of the account.”

It said the first two transfers, totalling N7 million, were received on September 28 within the period stipulated in SAHCO’s letter, while the remaining three transfers, totalling N208,898,420.25, were made on September 29.

The airline alleged that AGHAN, through its President and Vice President, issued a joint statement on September 28 and released it to the press, knowing that national newspapers and online platforms would republish the statement.

No date has been fixed for the hearing, while neither SAHCO nor AGHAN had publicly responded to the suits at press time.