Britain's biggest weapons manufacturer, BAE Systems, is facing a £120m lawsuit after scrapping support for aircraft used to deliver aid to some of the world's neediest countries. EnComm Aviation, a Kenya-based aid cargo operator, claims the decision forced the cancellation of humanitarian contracts and reduced supplies to South Sudan, Somalia and the Democratic Republic of the Congo (DRC), among others.
EnComm announced it is taking legal action against BAE, alleging a breach in its duty of care after the company withdrew support for its Advanced Turbo-Prop (ATP) aircraft. Between March 2023 and last September, EnComm's fleet of ATP aircraft delivered 18,677 tonnes of aid to Somalia, South Sudan, Tanzania, the DRC, Central African Republic and Chad. The aircraft was ideal for aid missions to remote locations because it could operate on short airstrips.
EnComm cancelled several large humanitarian contracts after BAE's decision, including a UN programme to fly aid to 12 destinations across Somalia where 6.5 million people are facing acute food insecurity. Jackton Obuola, director of EnComm Aviation, said: “BAE’s pursuit of profit has cut off humanitarian aid for those most in need, destroying lives and our business in the process.”
A pre-action letter sent by lawyers acting for EnComm to BAE Systems referenced emails and meetings with BAE's senior leadership that it says had led the cargo operator to believe the arms manufacturer would provide continued support for its ATP for at least five years. “In order to get answers we have been forced to bring this claim and hear BAE’s explanation in court,” Obuola added.
In its claim with the UK high court, EnComm Aviation alleges BAE's decision rendered its aircraft fleet of no real value beyond scrap and is seeking £120m in losses and damages. A BAE Systems spokesperson said: “We do not comment on ongoing litigation.”
