Justice Alexander Owoeye of a Federal High Court, Lagos, yesterday, reserved judgement on the suit challenging Lagos-Calabar highway contract.
The judge fixed the date after parties adopted their written addresses and processes on counter affidavits.
A former governorship candidate of the African Democratic Congress (ADC) in Lagos State, Funso Doherty, had dragged the Attorney General of the Federation, Bureau of Public Procurement, and HiTech Construction Company before the court over open competitive bidding.
Doherty alleged that the Federal Ministry of Works violated the Public Procurement Act 2007 by awarding the first two phases of the highway to HiTech Construction through a single-source procurement process, bypassing the required open competitive bidding.
He accused the Federal Ministry of Works of unlawfully awarding the highway’s first two sections to HiTech Construction without adhering to Nigeria’s public procurement laws.
In his originating summons, Doherty argued that the ministry’s decision bypassed the open competitive bidding process mandated by the Public Procurement Act 2007.
He claimed that the construction began without the required Environmental Impact Assessment, which breaches the Environmental Impact Assessment Act 1992.
When the matter came up yesterday, counsel for first defendant, A.J Owonikoko (SAN), said he filed his notice of preliminary objection to the originating summons on November 15, 2024, which was predicated on six grounds, a supporting affidavit and written address.
On receipt of response from the plaintiff, he also filed a further affidavit and reply on point of law to the plaintiff’s argument on February 10, 2025.
He prayed the court to adopt the processes and strike out the originating summons on incompetence, lack of seal of court register and lack of jurisdiction of the court.
Owonikoko said that the case is about a contract which the plaintiff is not a party to but claims interest, adding that that’s not how contract of such nature awarded to serve the public is done.
The plaintiff counsel, D.D. Duru in response, said he filed a 17 paragraph counter affidavit which contained three exhibits; copy of originating summons, an extract of the originating summons contained in the court records and account statement of the plaintiff.
He urged the court to adopt the same and dismiss the objection by the first defendant.
He said that the seal is contained in the document and even if it is absent, failure to file process properly cannot be suffered by the plaintiff as cited in Gbenga v APC.
On the issue of jurisdiction, Duru said that the subject matter is misappropriation of funds towards procurement and environmental pollution.
Counsel for third defendant, Onyinkansola Badejo, who filed a notice of preliminary objection dated November 7, 2024, with a written address containing arguments and urged the court to adopt them, including a reply on point of law in response to plaintiff’s written address.
She prayed the court to dismiss the case as it lacks proven locus standi to institute such an action and the plaintiff is yet to show that he is acting on behalf of people or engineers who may be aggrieved for not getting the contract.
The plaintiff counsel said they filed a response to the third defendant and urged the court to dismiss the objection filed by the third defendant.
Daniel Abayomi, holding brief for Mohammed Nuru, counsel for second defendant, also filed a counter affidavit in response to originating summons, and a written address and prayed the court to dismiss the suit with substantial cost.
Counsel for third defendant, Badejo said that one of the plaintiff’s exhibits sought to show that Lagos State is vulnerable to negative environmental impact as contained in a 2021 report, but the argument has no substantial evidence or details on how precisely the construction is causing environmental issues.
She asked for a dismissal of the case citing that it lacked merit in substance and form.
Duru, therefore adopted all his reply and processes on counter affidavit and urged the court to grant their relief.
Justice Owoeye after listening to all parties reserved judgement and said the date would be communicated when ready.
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