The Federal High Court in Lagos ruled on Monday that any further action regarding the Federal Government’s proposed concession of the cargo terminals and Murtala Muhammed International Airport in Lagos be halted pending the hearing and resolution of a lawsuit brought by the Sifax Group of Companies Limited challenging the bidding process.
Sifax brought the lawsuit against Abubakar Malami, the Attorney General of the Federation, the Federal Government, Hadi Sirika, the Minister of Aviation, NAHCO Aviance Plc, the Infrastructure Concession Regulatory Commission, TAV Airports Holding Company, and GMR Airport Limited as the first through seventh defendants.
Following a Monday application by Sifax attorney Kunle Ogunba (SAN), Justice Ambrose Lewis-Allagoa ordered parties to maintain the “status quo.”
In the meantime, the judge dismissed the challenge to the lawsuit made by Adeseye Opasanya (SAN), the attorney for the fourth and sixth defendants.
The 1st, 2nd and 3rd defendants were however not represented by any lawyer. Further hearing of the matter has been adjourned to March 29, 2023.
Sifax in its statement of claims, claimed that it was one of the 13 firms that submitted a bid for the contract after the 3rd defendant issued a formal Request for Qualification stating that no applicant is expected to bid twice for any of the specific assets under any guise or form.
The plaintiff further claimed that contrary to the misleading impression that both the 6th and 7th defendants are separate entities, a search on the Internet revealed a contrary position.
It was disclosed that a firm, Airport De Paris, owned 49 per cent and 46 per cent shares in the 6th and 7th defendants respectively.
The plaintiff further added that having contravened the Request for Qualification without any legal basis, the 6th and 7th respondents should be disqualified from participating in the tender or joining any group in future, saying their action is a demonstration of dishonesty and deliberate attempt to deceive the contracting authority.
The plaintiff is seeking for the following declarations among others:
“A declaration and a concomitant order that the submission of separate bids by the 6th and 7th respondents with the impression that they are separate entities without any admixture of ownership structure amounts to a material misrepresentation and a breach of Section 2.2, and Sub-section 2.2.1 of RFQ.
“An order directing the 3rd respondent to immediately disqualify 6th defendant-led consortium and the 7th defendant’s submission, as well as ADP as a standalone party from participating in the tender or joining any group in the future after the announcement of pre-qualification results.
“A declaration and concomitant order that the plaintiff is the most qualified applicant/bidder in the bidding process, both in terms of commercial and technical components of the entire bidding exercise and therefore should/ought to be declared the successful bidder for the concession of Murtala Muhammed International Airport.”