TCN, Manitoba sued over contract extension
The consortium of Atlantic Engineering and Construction Company and Powergrid Corporation of India has sued the Federal Government’s agencies that handled the contract extension of the transmission project of the power sector in favour of Manitoba Hydro International Limited.
A suit filed in the Federal High Court, Abuja, with reference number: “FHC/ABJ/ CS/482/2015,” listed the Bureau of Public Enterprises, Bureau of Public Procurement, minister of power, Transmission Company of Nigeria and Manitoba Hydro International Limited as defendants.
The claimants demanded in the suit, filed June 2015: “A declaration that the 1st and 3rd Defendants award of the Management Contract of the 4thDefendant to the 5TH Defendant in clear breach and violation of the provisions of the 1st Defendant’s Request for Proposal dated December, 2011 and Section 16 (1) (d), (e),(f),(g) and (17) of the Public Procurement Act, 2007 is null, void and of no affect.”
The claimants also demanded for “an order of perceptual injunction restraining the 1st and 3rd defendants, their servants, workers, agents or privies from renewing or attempting to renew the management contract for the 4th Defendant awarded to the 5th Defendant.”
The claimants said that after instituting the suit, the management contract was later signed for the 4th defendant/ respondent (TCN), adding that the management contract was not even awarded in favour of the 5th defendant (Manitoba), as previously thought, but rather to a competently different company known as Manitoba Hydro International Nigeria Limited - an entity that was never part of the entire initial bidding processes.
The claimants said the new company that got the extension was a separate company which was incorporated on August 25, 2006, with RC No 664640 based in Abuja, adding that it was not among the companies invited by the 1st Defendant’s (BPE) Request for Proposals Letters of Invitation dated February 2007 and December 2011 requesting Technical and Financial Proposal for the Management of the 4th defendant (TCN)
The suit explained that the said Manitoba Hydro International Nigeria Limited did not participate in any of the two bidding processes in 2007 and 2012, despite being incorporated in Nigeria before the commencement, saying that the award of the management Contract to the said Manitoba Hydro International Nigeria Limited by the 1st and 4th defendants constituted a further infraction of several provision of the Public Procurement Act, especially Section 16.
The case was slated for hearing September 23, 2015, at Court 6 , Federal High Court Abuja.