The Federal High Court in Abuja has adjourned suit seeking to stop the Federal Government’s decision to enter into a concession agreement in respect of the e-Customs project with another company, to July 6, 2022, for hearing.
The two aggrieved companies, (plaintiffs) E-Customs HC Project Limited and Bionica Technologies (West Africa) Limited had jointly challenged the alleged unlawful and fraudulent concession of the e-Custom project to African Finance Corporation
The defendants are the Federal Government of Nigeria, attorney-general of the federation (AGF), finance minister, Infrastructure Regulatory Concession Commission, (IRCC), Nigeria Customs Service, Trade Modernization Project Limited, Huawei Technologies Limited, African Finance Corporation and Bergman Security Consultant and Supply Limited as 1st to 9th defendants respectively.
Justice Inyang Ekwo gave the ruling after the plaintiffs’ counsel confirmed receipt of the application for joinder by an interested party.
Counsel to Adani Maga System Limited had in motion, requested the court to be joined as an interested party.
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Recall that the court had earlier restrained the Federal Government from enforcing or giving effect to the controversial Customs Modernisation Project, allegedly executed by its agents on May 30, 2022.
The agents, who allegedly executed the disputed concession project are the Nigerian Customs Service, Trade Modernisation Project limited (TMPL), Huawei Technologies Company Nigeria Limited (HTCL) and African Finance Corporation (AFP)
The plaintiffs had approached the court to among others, declare that the decision by the government and its agent to enter into a concession agreement with TMPL, HTCL and AFC in respect of the e-Customs project is illegal, having been made in gross violation of Section 2 of the Infrastructure Concession Regulatory Commission Act 2005.
They also asked the court to declare that e-Customs HC Project Limited is the approved and rightful concessionaire for the e-customs project as approved by the Federal Executive Council at its meeting on September 2, 2020, and in line with Section 2 of the Infrastructure Regulatory Concession Commission Act.
The plaintiffs are also seeking an order directing the Federal Government through the AGF, finance minister, IRCC and the NCS to consulate the e- Customs project with the 1st plaintiff, (E-Customs) as approved by FEC in its September 2020 meeting.
The court also issued an order of interim injunction against the Federal Government or its agents acting through the Federal Executive Council from retrospectively ratifying the decisions to concession the Custom Modernisation Project also known as e- Custom project to Trade Modernisation Project Limited, Huawei Technologies Company Limited and African Finance Corporation.
Inyang Ekwo had while ruling on the ex-parte application granted the prayers of the plaintiffs which the judge said had placed sufficient evidence of interest in the concession project.
