BAE Systems, Britain's largest weapons manufacturer, is facing a £120m lawsuit after it withdrew support for aircraft used to deliver humanitarian aid to some of the world's most vulnerable regions. The legal action has been initiated by EnComm Aviation, a Kenya-based cargo operator that specializes in aid missions.
EnComm Aviation claims that BAE's decision to scrap support for its Advanced Turbo-Prop (ATP) aircraft forced the cancellation of several humanitarian contracts. This has reduced essential supplies to countries such as South Sudan, now threatened by famine, Somalia, and the Democratic Republic of the Congo (DRC), among others.
The lawsuit comes at a time when BAE Systems has announced record sales exceeding £30bn, driven by increased global defence spending amid rising military tensions and conflicts.
Impact on Humanitarian Operations
Between March 2023 and September last year, EnComm's fleet of ATP aircraft delivered a total of 18,677 tonnes of aid to Somalia, South Sudan, Tanzania, the DRC, the Central African Republic, and Chad. The ATP aircraft was particularly suited for these missions because it could operate on short airstrips, reaching remote locations that other planes cannot. Each aircraft could carry a payload of 8.2 tonnes.
Following BAE's decision to withdraw support, EnComm was forced to cancel several large contracts, including a United Nations programme that flew aid to 12 destinations across Somalia, where 6.5 million people are facing acute food insecurity.
Jackton Obuola, director of EnComm Aviation, stated: "BAE's pursuit of profit has cut off humanitarian aid for those most in need, destroying lives and our business in the process."
Allegations of Breach of Duty
Obuola described BAE's decision to surrender the certificate that revoked the airworthiness of the ATP as "virtually unprecedented in aviation history," especially at a time when global humanitarian relief is being slashed.
A pre-action letter sent by EnComm's lawyers to BAE Systems referenced emails and meetings with BAE's senior leadership, which EnComm claims led them to believe that BAE would provide continued support for the 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.
Legal Claim and Damages
In its claim filed with the UK High Court, EnComm Aviation alleges that BAE's decision rendered its aircraft fleet virtually worthless, with no value beyond scrap. The company is seeking £120m in losses and damages.
A BAE Systems spokesperson declined to comment, stating: "We do not comment on ongoing litigation."
