Firm prays court to nullify N80bn Chinese rail project contract with FG

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A conglomerate; Duluidas Nigeria Limited, Duliz Dredging and Construction Limited and Consortium of Duluidas Nigeria Limited, Duliz Dredging and Construction Limited/Hebbelyixin Fastener Company Limited, China, have asked a Federal High Court in Abuja to reverse an N80.6bn rail line construction contract awarded to a Chinese firm by the Federal Government.

The plaintiffs stated in an affidavit before the court that the contract was awarded during the pendency of their suit challenging the legality of the process of the contract.

Respondents in the suit are the Minister of Transportation, Rotimi Amaechi, the Attorney General of the Federation and Minister of Justice, Abubakar Malami SAN, and China Civil Engineering Construction Company, (CCECC).
Specifically, the plaintiffs are seeking redress 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 respondents in the suit.
The further affidavit was deposed to by Benedict Onyolu.

In the suit marked FHC/ABJ/CS/1426/2021, the plaintiffs are demanding reversal of the contract on the ground that the action of Amaechi and Malami constituted an affront and disrespect to the court.

The plaintiffs also want the court to sanction Amaechi and Malami to serve as deterrence to other agents of government engaging in unlawful acts.

The crux of the matter stems from the fact that, while a 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 went ahead to present the contentious contract to the Federal Executive Council FEC for award to the Chinese firm.

The letter of award of the contract to the CCECC dated January 31, 2022 was attached to the further affidavit along with the CCECC’s acceptance of the contract dated February 4, 2022.

Meanwhile, the presiding judge, Justice Ahmed Mohammed has fixed April 26, 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.

(Daily Independent)

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