Court Adjourns Suit Challenging Lagos-Calabar Highway Contract to January 14
The Federal High Court in Lagos, on Monday, adjourned the hearing of the Lagos- Calabar Coastal Highway Project over environmental impact to January 14, 2025.
A former governorship candidate of the African Democratic Congress in Lagos State, Funsho Doherty, had dragged the Attorney General of the Federation, Bureau of Public Procurement and HiTech Construction company before the court over open competitive bidding.
He alleged that the Federal Ministry of Works violated the Public Procurement Act 2007 by awarding the first two phases of the highway to Hitech Construction through a single-source procurement process, bypassing the required open competitive bidding.
Doherty is accusing the Federal Ministry of Works of unlawfully awarding the highway’s first two sections to Hitech Construction without adhering to Nigeria’s public procurement laws.
In his originating summons, Doherty argued that the ministry’s decision bypassed the open competitive bidding process mandated by the Public Procurement Act 2007.
He claimed that the construction began without the required Environmental Impact Assessment, which breaches the Environmental Impact Assessment Act 1992.
The plaintiff is asking the court for a declaration that the award of the first two sections of the Lagos- Calabar Coastal Highway Project by the Federal Ministry of Works to the third defendant without subjecting same to open competitive bidding was unlawful and void, being in breach of the Public Procurement Act 2007.
He also asked the court for a declaration that the commencement of construction of the Lagos- Calabar Coastal Highway Project without first undertaking an Environmental Impact Assessment was unlawful and a breach of the Environmental Impact Assessment Act, 1992.
He further sought a declaration that the Federal Ministry of Environment and the second defendant failed in their statutory duties of ensuring compliance with the Environmental Impact Assessment Act and the Public Procurement Act.
Doherty asked the court for an order setting aside the award of the Lagos-Calabar Coastal Highway project to the third defendant.
“An order of court restraining the Federal Ministry of Works and the third defendant, by themselves or through their agents, from further construction of the Lagos-Calabar Coastal Highway until compliance with the Public Procurement Act and the Environmental Impact Assessment Act.
“An order of court directing the Federal Ministry of Works to subject all other sections of the Lagos-Calabar Coastal Highway project yet to be awarded to open competitive bidding as contemplated under the Public Procurement Act.”
When the case came up on Monday, the plaintiff’s counsel, D. D. Duru, informed the court that the matter was coming up for the first time.
He informed the court that the defendants had been served and had responded with counter-affidavits and a preliminary objection, making the matter ripe for hearing.
But the first and second defendants counsel, Abiodun Owonikoko (SAN), who announced his appearance for both defendants, was opposed by Duru, for representing the second defendant, arguing that the second defendant’s separate counsel should appear as it is an independent institution.
Owonikoko, in his reply, said the process referred to by the plaintiff’s counsel was only brought to his notice on Monday.
“The process referred to by my learned friend was only brought to my notice today.
“I asked if the counsel who filed the processes was in court but it appears he was not,” he said.
Owonikoko then asked that the process filed by the second defendant should be struck out.
Duru, in his response, said,” It will be improper for the SAN, to say he was instructed to ask for the striking out of the second defendant’s application.
“It is either the lawyer who signed the processes that come to withdraw or the SAN files for change of counsel.”
The third defendant’s counsel, Oyinkansola Badejo-Okunsanya, sought an extension of time.
She said the application was filed on November 15, 2024, adding that the application was supported by an 11-paragraph affidavit.
Badejo- Okunsanya, moved the application in terms, which the court granted.
Justice A. O. Owoeye adjourned the case till January 14, 2025, to regularise the processes and scheduled the hearing for January 27, 2025.
