The Federal Government is seeking to reimburse the Yobe State Government ₦100.5 billion for building the Muhammadu Buhari International Cargo Airport in Damaturu, following President Bola Tinubu’s request for Senate approval.
In a letter to the Senate, Tinubu said the Federal Government had taken over ownership and control of the airport, prompting the proposed reimbursement through a promissory note.
The president said the Federal Executive Council had approved the takeover, after which the Bureau of Public Procurement reviewed the project and recommended ₦100,509,017,234.55 as the amount payable to the state.
After reading the president’s request, Senate President Godswill Akpabio referred it to the Senate Committee on Local and Foreign Debts for further scrutiny.
The proposed reimbursement raises questions about the constitutional framework governing aviation and airport administration in Nigeria.
Item 3 of Part I of the Second Schedule to the 1999 Constitution, as amended, places aviation, including airports, aircraft safety and the carriage of passengers and goods by air, on the Exclusive Legislative List.
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This gives the National Assembly exclusive authority to legislate on these matters, subject to the provisions of the Constitution.
Sections 4(2) and 4(3) of the Constitution empower the National Assembly to make laws on matters listed under the Exclusive Legislative List. This framework provides the basis for federal regulation of aviation and airport administration under relevant laws.
The Federal Airports Authority of Nigeria Act also provides for the management and maintenance of airports under the authority’s control, in line with its statutory responsibilities.
However, the inclusion of aviation on the Exclusive Legislative List does not, by itself, establish that every airport must be federally owned or automatically entitle a state government to reimbursement for constructing one.
The proposed payment to Yobe State therefore remains subject to the Senate’s consideration and the applicable legal and financial requirements.
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