Transport Minister, AGF BPP Sued Over Appointment Of Cargo Tracking System Operator

From Godwin Tsa, Abuja

Two firms, Medtech Scientific Limited and Rozi International Nigeria Limited were appointed as the International Cargo Tracking System operators.

But in a suit dated December13, 2021,  a civil society organisation, Incorporated Trustees Of Citizens

Advocacy For Social and Economic Rights (CASER), is seeking an order of court restraining the minister of transport from appointing the firms as operators of the International Cargo Tracking System.

Listed as defendants are the minister, Federal ministry of Transport, the Bureau of Public Procurement,the attorney general of the federation

Medtech Scientific Limited, and Rozi International Nigeria Limited.

In a motion on notice filed on behalf of the plaintiff, through their counsel, Abdulhakeem  Musstapha, the plaintiff prayed the court for an order of interlocutory injunction restraining the Federal Ministry of Transport (1st Defendant); either by itself, servants, agents, privies or through any person or persons howsoever described or termed from appointing the 4th and 5th Defendants as the operators of the International Cargo Tracking System (ICTN) in Nigeria pending the hearing and determination of the substantive Suit.

He also prayed the court for an order of interlocutory injunction restraining the 2nd Defendant(BPP); either by itself, servants, agents, privies or through any person or persons howsoever described or termed from giving further approvals and waivers to the 1st Defendant in the planned appointment of the 4th and 5th Defendants as the operators of the International Cargo Tracking System (ICTN) in Nigeria pending the hearing and determination of the substantive Suit.

He prayed the court for the following orders: An order of interlocutory injunction restraining the 4th and 5th Defendants; either by themselves, servants, agents, privies or through any person or persons howsoever described or termed from parading themselves or functioning as the operators of the International Cargo Tracking System (ICTN) in Nigeria pending the hearing and determination of the substantive Suit.

An order of interlocutory injunction restraining all the Defendants; either by themselves or through their officials or agents or other person or persons howsoever from taking any further steps towards nominating any company or entity to be operators of the International Cargo Tracking System (ICTN) in Nigeria pending the hearing and determination of the substantive Suit.

He said the 1st Defendant )transport minister) is set to approve and complete the appointment of the 4th and 5th Defendants (the firms) as the operators of the International Cargo Tracking System (ICTN) in Nigeria without following the provisions the Public Procurement Act and other extant laws in the country.

According to the senior advocate in the suit, the said ICTN involves the tracking of goods and services from their loading ports to Nigeria and same has a lot of security and economic implications for the country.

”The 1st Defendant has already secured the approvals for the said appointment and is now set to appoint the 4th and 5th Defendants notwithstanding the security and economic implications for the country.

”This Honourable Court has the jurisdiction and powers to stop the appointment of the 4th and 5th Defendants as the operators of the (ICTN) in Nigeria and to restrain them from parading themselves as such pending the hearing and determination of the substantive action”, he said in the motion on notice.

In the affidavit in support of the motion on notice, deposed to by Mr. Frank Tietie the plaintiff said, ”I know as a fact that a proper implementation of the ICTN will be of immense economic and security benefits including real time information on movement of goods across border and intelligence on shipments and enhancing control measures on illegal importation of items detrimental to national security.