N91.7bn Rail Contract: Firm Drags Transport Minister, AGF To Court

Minister of Transportation, Rotimi Amaechi and the Attorney General of the Federation and Minister of Justice, Abubakar Malami, have been sued at the Federal High Court in Abuja over the alleged unlawful award of construction of a 190km rail line to a Chinese firm without due process of law.

Another respondent in the suit is the benefitting firm, China Civil Engineering Construction Company, CCECC.

The suit marked FHC/ABJ/CS/1426/2021 was filed by Duluidas Nigeria Limited, Duliz Dredging and Construction Limited and Consortium of Duluidas Nigeria Limited, Duliz Dredging and Construction Limited/Hebbelyixin Fastener Company Limited, China

By the suit instituted on their behalf by James Okoh, the plaintiffs 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 N91.7bn rail line contract in violation of procurement laws and re-issue same in their favour.

They are praying for an injunction restraining all the defendants from awarding or purporting to award the contract to the Chinese firm or any third party on the basis of the flawed bidding process.

Alternatively, they are seeking an order setting aside any purported award on the basis of the flawed and heavily compromised bid process by the Nigeria Railway Corporation (NRC) with the concurrence of other defendants.

In addition, the plaintiffs are asking the court to set aside any purported approval received from the Federal Executive Council awarding the disputed contract to any other company during the pendency of the suit.

They also asked for an order restraining the Minister of Transportation or any of his agents from presenting the CCECC to the Federal Executive Council for the purpose of an award of the contract.

The disputed contract is for the reconstruction of the narrow gauge track from Minna in Niger state to Baro with an extension to the Baro River port at a whopping sum of N91.5bn and a completion period of 36 months.

Plaintiffs claimed they quoted a lesser amount of N76.7billion naira for the execution of the same project during their successful biding are alleging bias against them by the Minister and undue favouritism in favour of the CCECC in the contract award.

Meanwhile, a hearing in the matter has been fixed for February 17, 2022, by Justice Ahmed Ramat Mohammed.