A Federal High Court in Abuja on Wednesday directed the
initiation of contempt proceedings against the Minister of Transportation,
Rotimi Amaechi, following complaints that he flouted an earlier order made by
the court.
Justice Donatus Okorowo gave the directive after being informed
that Amaechi allegedly violated an order for the maintenance of status quo
issued on January 22, 2022, in a suit filed by a civil group, the Incorporated
Trustees of Citizens Advocacy for Social and Economic Rights (CASER),
challenging Amaechi’s handling of the process of appointing operators of the
International Cargo Tracking Note (ICTN) in Nigeria.
In the suit, CASER alleged among others, that Amaechi has
manipulated the appointment process to the benefit of two local and
inexperienced firms – Medtech Scientific Ltd and Rozi International Nigeria
Ltd.
Listed with Amaechi as defendants in the suit are the Bureau
of Public Procurement (BPP), the Attorney General of the Federation (AGF),
Medtech Ltd and Rozi Ltd.
At the resumed hearing of the suit marked:
FHC/ABJ/CS/1587/2021 on Wednesday, the plaintiff’s lawyer, Abdulhakeem Mustapha
(SAN) told that court that Amaechi defied the order for the maintenance of
status quo and continued with the appointment process and currently on the
verge of completing the process of appointment.
Mustapha added: “He (Amaechi) has taken fundamental steps on
the subject matter of this suit, and we have documents to be placed before the
court to establish that he has ignored the order of the court completely.
“In order to protect the sanctity of this honourable court,
we have issued Form 48 against the Minister of Transportation. With the
commencement of this committal process, which takes precedence over any other
matter, we urge this court to suspend further proceedings in the substantive
suit.”
Mustapha said having issued Form 48 on the Minister, he was
in the process of filing motion on notice to commit the minister to prison.
In response, Amaechi’s lawyer, Omosanya Popoola admitted
receiving a letter notifying him of the issuance of Form 48 on his client.
Popoola said his client is a law abiding citizen and he was
yet to be personally served with the Form 48.
Lawyer to BPP, Akin Olujinmi (SAN) said his client has also
not been served with the Form 48 personally as required by law.
Olujinmi argued that there was no motion for committal
before the court, adding that the plaintiff’s lawyer has to file affidavit to
establish his allegations that the defendants, including Amaechi had violated
the court’s order.
Lawyer to the AGF, Mohammed Sheriff aligned himself with the
submissions by lawyers to Amaechi and BPP that proceedings in the main suit
should not be halted.
Justice Okorowo agreed to suspend proceedings in the main
suit, noting that: “Once the issue of contempt is raised, the court must
suspend proceedings.
“The court will not close its eyes when being told that its
orders are being flouted. We have to suspend proceedings for the court to
ascertain the veracity of the allegations.”
The judge then directed the plaintiff’s lawyer to proceed to
file a motion on notice with an affidavit to establish the facts of the alleged
violation of the court’s orders, which must be filed and served before the next
adjourned date.
The court has scheduled a ruling for May 9 on the
application filed by a firm, Antaser Nigeria Limited to be made a party in the
suit.
Antaser’s lawyer, James Ogwu Onoja (SAN) told the court that
his client was a necessary party in the case because it sought to participate
in the bidding process but was unlawfully excluded.
Plaintiff in the suit, CASER, stated, in an affidavit
supporting the substantive suit, that the purported procurement process,
leading to the appointment of the fourth and fifth defendants (Medtech and
Rozi) as companies providing ICTN services shows that it was riddled with
non-compliance with the known procurement procedures as stipulated in the law.
The plaintiff claimed that President Muhammadu Buhari “was
misguided in granting an anticipatory approval for a direct appointment of the
fourth and fifth defendants’ companies.
“The approval by Mr. President cannot waive the procurement
process stipulated under the Public Procurement Act.
“The steps of the first and second defendants (Transport
Minister and BPP) by opting for selective bidding and or direct procurement
method amount to a wilful violation of due process and a desperate design to
circumvent the provisions of the Procurement Act by abandoning the demands of
fairness, competitiveness, accountability and transparency as envisaged by the
Act.
“The failure of the relevant agencies to follow due process
and appoint qualified companies contributed immensely to the failure of the
ICTN project in the year 2010 and 2015.
“The appointment of the fourth and fifth defendants without
due process will further worsen the already threatened security and fragile
economy of this country.”
The plaintiff is praying the court for among others: A
declaration that in view of the mandatory provisions of sections 40(1), 24
& 25 of the Public Procurement Act 2007, it is ultra vires the powers of
the 1st defendant to seek Mr. President’s anticipatory approval for due process
“no objection” from the 2nd defendant for the appointment of the 4th defendant
as technical partners to the 5th defendant to provide international cargo
tracking note in the country.
An order nullifying the entire process of appointing the 4th
and 5th defendant as operator of the international cargo tracking note in the
country.
An order setting aside the due process ‘no objection’ issued
by the 2nd defendant to the 1st defendant, for the restricted selection of the
4th and 5th defendants.
An order of this honourable court stopping the proposed and
imminent appointment of the 4th and 5th defendants as the operators of the
International Cargo Tracking Note (ICTN) in Nigeria in view of the clear breach
of the provision of Public Procurement Act, 2007.
An order of mandamus directing the first and second
defendants to conduct an international competitive bidding to ensure the proper
selection of the service provider for the International Cargo Tracking Note
(ICTN) in Nigeria.
Advertise on NigerianEye.com to reach thousands of our daily users
No comments
Post a Comment
Kindly drop a comment below.
(Comments are moderated. Clean comments will be approved immediately)
Advert Enquires - Reach out to us at NigerianEye@gmail.com