Court asked to reverse FG’s alleged unlawful N80.6bn rail line contract award

A Federal High Court in Abuja has been asked to reverse an N80.6 billion rail line construction contract awarded to a Chinese firm by the Federal Government during the pendency of a court action challenging the legality of the process of the contract.

The Minister of Transportation, Rotimi Amaechi and the Attorney General of the Federation (AGF), Abubakar Malami (SAN) were alleged to have awarded the contract in spite of a subsisting legal action preferred against them and two others by Duluidas Nigeria Limited, Duliz Dredging and Construction Limited and Consortium of Duluidas Nigeria Limited, Duliz Dredging and Construction Limited/Hebbelyixin Fastener Company Limited, China.

Amaechi and Malami were jointly sued along with the Federal Ministry of Transportation and China Civil Engineering Construction Company, (CCECC) over the legality of processes that led to the award of the 190km rail line construction work.

The request for an order of the court to cancel the contract was contained in a 13-paragraph further affidavit in support of a motion for interlocutory injunction against the four defendants in the suit.

The further affidavit was deposed to by a lawyer, Benedict Onyolu against the contract award in which the plaintiffs are demanding reversal of the contract on the ground that the action of Amaechi and Malami constituted affront and disrespect to court authority.

Besides the request for cancellation of the contract, the plaintiffs also asked the court to sanction Amaechi and Malami to serve as deterrence to other agents of government engaging in unlawful acts.

The grouse of the plaintiffs was that while motion on notice for interlocutory injunction duly served on Amaechi and Malami was pending, they disregarded the pendency of the suit on January 19, 2022, and presented the contentious contract to the Federal Executive Council (FEC) for award to the Chinese firm.

Meanwhile, the trial Judge, Justice Ahmed Mohammed has fixed April 26, 2022, for determination of the motion on notice seeking interlocutory injunctions against the four defendants in the suit.

Plaintiffs in their writ of summons issued by their lead counsel, James Okoh, are asking the Court to cancel the letter of “No Objection” issued by the Bureau of Public Procurement (BPP) in favour of CCECC for the award of the Rail Line Contract.

The disputed contract is for the reconstruction of the narrow gauge track from Minna in Niger State to Baro, with an extension to the Baro River Port at a sum of N80.6 billion and a completion period of 36 months.

Plaintiffs prayed the court for an injunction restraining all the defendants from awarding or purporting to award the contract to the Chinese firm or any third party based on the flawed bidding process.

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