Justice Inyang Ekwo of the Federal High Court, Abuja has ordered that the minister of Transport, Rotimi Ameachi and the Director-General of the Bureau o Public Procurement, Mamman Ahmadu be served a 48-hour notice of an exparte motion seeking to stop the $3.1b Port-Harcourt -Maiduguri Rail Project contract.
A firm, Insight Dynamic Resources Limited had dragged the minister and the BPP DG before the court over alleged violation of the procurement Act.
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Justice Ekwo, at the hearing of the case on Wednesday after listening to counsel in the matter said ”Upon reading the affidavit in support of the application deposed to by one Musa Ibrahim Kuchi of Insight Dynamic Resources Limited, it is hereby ordered as follows: PIaintiff/Applicant is hereby ordered to put the Defendants on Notice of the Motion Exparte within 2 days of this Order.
He also adjourned the case to 14th of December for further hearing.
The plaintiff, Musa Ibrahim Kuchi declined comment on the matter when approached by newsmen but instead directed all inquiries to his lead counsel, Kabiru Taminu Turaki (SAN).
Kuchi had approached the court to challenge the minister over an alleged Public Procurement Act violation in the approval of the $3.1b contract for the rehabilitation and reconstruction of the Port Harcourt-Maiduguri eastern narrow gauge railway.
According to the plaintiff, through his lead counsel, K.T. Turaki, SAN, Amaechi and Ahmadu’s action contravened “the provisions of the public procurement Act as stipulated by the provision of Section 58 (5) (a) of the Public Procurement Act, 2007.”
The plaintiff also prayed the court to set aside the contractual agreement between the federal government and the Chinese Civil Engineering Construction Company (CCECC) for the rail project.
He also wants the court to determine whether Amaechi, through the BPP’s chief had the right to issue LETTER OF NO OBJECTION in favour of CCECC NIGERIA LIMITED for the said contract.
The plaintiff claimed that the purported action by the minister denied his partners, AECOM “who are being backed by US Eximbank and other interested and capable companies the fairground to compete for the said contract due to Minister notorious stance against transparency.
“US Eximbank offered less than 2percent interest rate but it was ignored because they wanted government to government bilateral agreement
He added that the minister’s action contravened the spirit and provision of Section 16 and 40 of the Public Procurement Act, 2007.
”The request for no objection claims that the loans presumably to be taken by CCECC which will be guaranteed by the FG will be repaid from railway revenues.
”There is however no evidence nor a track record of the NRC/FMT or of CCECC as a railway and/or port operator presented to show how the revenue streams to repay any/loans are likely to materialise nor the quantum of the subsidy required to service the debt would be available. How do we know that we can afford to pay subsidies and from what source?”, the plaintiff said.
