TCN, Man­i­toba sued over con­tract ex­ten­sion

Daily Trust - - FRONT PAGE - By Si­mon Echewo­fun Sun­day

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.

Per­ma­nent Sec­re­tary, Min­istry of Power, God­knowns Igali

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