Daily Trust

TCN, Manitoba sued over contract extension

- 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
Permanent Secretary, Ministry of Power, Godknowns Igali

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