N5.9bn contract breach: Court to resume hearing against Ruma, others

Joined as defendants in the suit with No. FHC/ABJ/CS/373/09 are the President of Federal Republic of Nigeria, the Attorney General of the Federation and the Executive Director of the National Food Reserve Agency. The plaintiff in a hits writ of summons, asked the court presided over by Justice Dan Abutu, to set aside the ‘no […]

Joined as defendants in the suit with No. FHC/ABJ/CS/373/09 are the President of Federal Republic of Nigeria, the Attorney General of the Federation and the Executive Director of the National Food Reserve Agency.

The plaintiff in a hits writ of summons, asked the court presided over by Justice Dan Abutu, to set aside the ‘no objection certificate which the Bureau of Public Procurement (BPP) issued to it on June 12, 2009, urging the court to also hold that the Bureau lacks the power to nullify the ‘no objection certificate’ dated June 8, 2009 issued to the Minister of Agriculture and Water Resources in his favour.

The company is also praying the court for an order compelling the BPP to award the contract based on the “no objection certificate” to him and to also declare that the defendants cannot award contract for the construction of the 25000 MT capacity silo at Uyo, Akwa Ibom state.

Other reliefs sought by the company include: “a declaration that the “no objection” certificate issued by the BPP on June 12, 2009, is subversive of the procurement processes, illegal, null and void”.

In the alternative, the plaintiff asked the court to order the defendants to pay him N1 billion as general and exemplary damages.

The plaintiff averred in a statement of claim that the Minister of Agriculture and Water Resources, having connived with the Director General of the BPP, Engr. Emeka Ezeh, to subvert the procurement processes by inflating the contract for the award of the construction of the 25,000 MT capacity silos at Uyo, Akwa Ibom state with about N500 million, presented same for the approval of the president at the Federal Executive Council.

It further averred that the minister and the executive director of the National Food Reserve Agency, having fraudulently secured the approval of the president, now commenced the process of awarding the contract to Messrs Trenure Nigeria Limited.

The plaintiff, the statement said, has spent enormous money, time and other resources to participate in the bid processes as advertised by the defendants in the local and international media, believing that the defendants would adhere strictly to the due processes.

To buttress his point, the plaintiff attached to his writ of summons, a letter entitled:  “Notification of your pre-qualification for the construction of the silo complexes,” dated April 4, 2009 signed by J.D. Alhassan, for the Executive Director.

In the letter, the plaintiff was told that, “his company has been pre-qualified for the works under category 2. Consequently, you are hereby invited to the public opening of tenders of all companies that have pre-qualified for the work”.

 Justice Abutu who is the Chief Judge of the Federal High Court, Abuja, adjourned the matter to April 15, for further mention even as he also ordered the defendants to turn in their response to the suit.