JOHN INYANG OKORO, JSC (DELIVERING THE LEADING JUDGMENT): By an originating summons dated 11th January, 2002, Airline Operators of Nigeria commenced an action against the Respondent herein and three others. It set out two questions for determination by the trial court as follows:-
"i. Whether having regard to the provisions to Section 7(i)(r) and or any other section of the Nigerian Airspace Management Agency (Establishment etc) Decree No. 48 of 1999 which defines the functions of the 1st Defendant to include "charge for services provided by the Agency" and the payment of 5% (five percent) Ticket Sales Charge (TSC) by the Plaintiffs (sic) to the Defendants, the Plaintiffs are not in compliance with the law to entitle the 1st Defendant to impose a "So-Called" Domestic En-Route Charges.
ii. whether having regard to the said Section 7(i) (r) and or any other section of Decree No. 48 of 1999, the Defendants have and or can exercise any powers to the detriment of the Plaintiffs to arbitrar…