Doherty drag FG to court over alleged procurement violations in Lagos-Calabar highway project

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Funso Doherty, who was the Action Democratic Congress (ADC) candidate in the last Lagos gubernatorial election, has initiated legal action against the Federal Government, the Bureau of Public Procurement, and HiTech Construction over the ongoing Lagos-Calabar coastal highway project.

This move follows his earlier service of pre-action notices to the parties involved.

Key Points of the Lawsuit

Violation of Public Procurement Act and Environmental Impact Assessment Act: Doherty argues that the award of the project to HiTech Construction without open competitive bidding and the commencement of construction without an Environmental Impact Assessment are in breach of the Public Procurement Act 2007 and the Environmental Impact Assessment Act 1992.

Risk to Lives and Properties: The opposition politician contends that the actions of the government ministries and agencies involved pose significant risks to lives and properties in Lagos and beyond.

Claims and Relief Sought: The lawsuit, filed before the Federal High Court in Lagos, includes seven claims and seeks several declarations and orders, including:

A declaration that the award of the project is unlawful and void.

A declaration that the commencement of construction without an Environmental Impact Assessment is unlawful.

An order setting aside the award of the project to HiTech Construction.

An order restraining further construction until compliance with the relevant laws.

An order directing the Federal Ministry of Works to subject future sections of the project to open competitive bidding.

Statement and Legal Action

In a statement dated August 30, Doherty announced the filing of the originating summons with the Federal High Court, marking the official commencement of the legal action. He emphasized that the lawsuit aims to enforce adherence to the law and protect the interests of the public.

Defendants and Questions for the Court

The lawsuit names the Attorney General of the Federation, the Bureau of Public Procurement, and HiTech Construction as the first, second, and third defendants respectively. Doherty has also asked the court to determine several key questions, including:

Whether the procurement and construction processes are unlawful under the Public Procurement Act and the Environmental Impact Assessment Act.

Whether the relevant government agencies failed in their statutory duties to ensure compliance with these laws.

Whether the court should grant the reliefs prayed for in the suit.

This legal challenge underscores Doherty’s commitment to ensuring that public projects adhere to legal standards and do not compromise the welfare of the public.

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