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, now threatened by famine, Somalia and the Democratic Republic of the Congo (DRC), among others.
BAE Systems recently announced record sales of more than £30bn, driven by escalating defence spending as global conflicts and heightened military tensions fuel demand.
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. Each aircraft could carry a load of 8.2 tonnes.
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.
EnComm Aviation’s director, Jackton Obuola, said: “BAE’s pursuit of profit has cut off humanitarian aid for those most in need, destroying lives and our business in the process.”
Displaced families in Soutth Sunda are living in the open without adequate shelter, food, or access to basic healthcare after fleeing violence. Photograph: Médecins Sans Frontières (MSF)/MSF
Obuola described the arms manufacturer’s decision to surrender the certificate that revoked the airworthiness of the ATP as “virtually unprecedented in aviation history”, and came at a time when humanitarian relief was being slashed globally.
A pre-action letter sent by lawyers acting for EnComm to BAE Systems had 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 as 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.”
