Godwin Tsa, Abuja
The Federal High Court has been asked to order the Attorney General of Federation (AGF) and the Nigerian Ports Authority (NPA) to withdraw the letter awarding contracts for the dredging of the Warri Channel issued to Dredging International Services Ltd.
In a writ of summons, the Incorporated Trustees of Cadrel Advocacy Centre, through its counsel, Chief Mike Ozekhome, told the court that Dredging International Services Ltd, which is a sister company to Dredging International Services, Cyprus, was convicted of fraud and financial impropriety.
Chief Ozekhome further submitted that the two companies shared the same directors as both of them are owned by the DEME Group, Belgium and as such not legally qualified to execute contracts in Nigeria.
The suit marked FHC/L/CS/196, before the Lagos Division of the court, is equally seeking a declaration that by virtue of Item 8 of the Expression of Interest Document of the bid released by NPA, the award of the contract for the dredging of the Warri Channel by the NPA to Dredging International Company Ltd, a company whose directors are already in fiducial relationship with the NPA by virtue of their membership of the same board of Bonny Channel Company Ltd, without first disclosing same to other participants in the bidding process, constitutes a clear breach and conflict of interest and public trust reposed in the NPA.
In addition, the claimant wants the court to declare that by virtue of Sections 57(9)a, 57(9)b and 57(12)b of the Public Procurement Act, the award of the contract for the dredging of the Warri Channel by NPA to the Dredging International Services , a company whose directors are already in fiducial relationship with the NPA by the virtue of their membership of the same board of Bonny Channel Company Ltd ,without first disclosing same to other participants in the bidding process constitutes a blatant breach and conflict of interest and public trust reposed in the NPA.
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It also wants the court to declare that the certificate of no objection issued by the Bureau of Public Procurement (4th defendant) to the NPA to enable her award the contract on remedial works of Escravos Channel-Replacement of Aids to Navigation and Minor Dredging at Delta Ports Warri to the 3rd defendants at the sum of $44,861,596.66 was issued in flagrant violation of the provisions of S 16(8)(e) and (f), of the Public Procurement Act 2007 and Item 8 of the Expression of Interest Document of the bid released by the NPA and Sections 57(9)a, 9(b) and 57(12)b of the Public Procurement Act.
The centre however prayed the court to make an order forthwith nullifying the certificate of no objection issued by the BPE to the NPA to enable it award the contract to the 3rd defendant.
It also prayed for an order directing the NPA to withdraw the letter awarding the contract of the dredging of the Warri Channel, and all other ancillary documents issued in furtherance of the contracts thereof, issued by the NPA to the dredging company on ground that it was not qualified to execute contracts in Nigeria.
The claimant also wants the court to direct a refund to the coffers of the government of the Federal Republic of Nigeria, all the monies already paid by the NPA to the dredging company in furtherance of the execution of the contract for the dredging of the Warri Channel.
The claimant equally prays the court to compel the AGF to prosecute the Managing Director of NPA for perjury, having lied on oath about her relationship with the dredging company during her presentation at the various House of Representatives Committees investigating the matter.
The centre also prayed for an order of court compelling the AGF to prosecute Mr. Bert Willie, a director in the Dredging Company for perjury, having lied on oath that, neither he nor the company had relationship with the Dredging International Cyprus, during his presentation at the Joint House of Representatives Committee investigating the matter.
In addition, the claimant was also praying for an order of perpetual injunction restraining the AGF and NPA, from further dealing or executing any contract with the government of the Federal Republic of Nigeria.
The claimant also wanted the court to make an order of perpetual injunction restraining the dredging company from further ever dealing or executing any contract with the government of the Federal Republic of Nigeria.
No date has been fixed for hearing.