Doherty drags FG, HiTech to court over Lagos-Calabar coastal highway

Funso Doherty, the candidate of the Action Democratic Congress (ADC) in the last Lagos gubernatorial election, has dragged the federal government, the Bureau of Public Procurement and HiTech Construction to court over the ongoing Lagos-Calabar coastal highway.

The former governorship candidate made this known to the public through a statement dated August 30.

Doherty, who had earlier served pre-action notices to the parties, argued that the award of the project violated the Public Procurement Act and the Environmental Impact Assessment Act.

“Today, we filed the attached originating summons with the Federal High Court, officially commencing legal action against the Federal Government, the Bureau of Public Procurement, and HiTech Construction. This follows the pre-action notices we previously served, as required by law,” the statement reads in part.

The opposition politician also stated that the action of government ministries and agencies involved in the project pose a significant risk to the lives and properties in Lagos and beyond, urging the court to enforce adherence to the law.

“Our lawsuit challenges the awarding of the Lagos-Calabar Coastal Road contract and the initiation of construction, arguing that these actions violate the Public Procurement Act and the Environmental Impact Assessment Act.

“We contend that the actions of the government ministries and agencies involved are unlawful and pose a significant risk to life and property in Lagos and beyond. Additionally, with this project’s vast scope, these actions threaten our economic and political institutions and should not be left unchecked,” Doherty stated.

The lawsuit filed before the Federal High Court in Lagos has the Attorney General of the Federation, BPP, and HiTech as the first, second and third defendants respectively.

Doherty made seven claims in the lawsuit, which include:

“A Declaration that the award of the first two sections of the Lagos- Calabar Coastal Highway Project by the Federal Ministry of Works to the 3rd Defendant without subjecting same to open competitive bidding is unlawful and void, being in breach of the Public Procurement Act 2007.

“A Declaration that the commencement of construction of the Lagos- Calabar Coastal Highway Project without first undertaking Environmental Impact Assessment is unlawful and a breach of the Environmental Impact Assessment Act, 1992.

“A Declaration that the Federal Ministry of Environment and the 2nd Defendant failed in their statutory duties of ensuring compliance with the Environmental Impact Assessment Act and the Public Procurement Act respectively.

“AN ORDER of court setting aside the award of the Lagos-Calabar Coastal Highway project to the 3rd Defendant.

“AN ORDER of Court restraining the Federal Ministry of works and the 3rd Defendant, by themselves or through their agents, from further construction of the Lagos-Calabar Coastal Highway until compliance with the Public Procurement Act and the Environmental Impact Assessment Act.

“AN ORDER of Court directing the Federal Ministry of works to subject all other Sections of the Lagos-Calabar Coastal Highway project yet to be awarded to open competitive bidding as contemplated under the Public Procurement Act.

“AND for such further order or orders as the Honourable Court may deem fit to make in the circumstances.”

He also asked the court to determine the following questions

“Whether the procurement of the Lagos-Calabar coastal road project by the Federal Ministry of Works to the 3rd Defendant without open competitive bidding and the commencement of construction of the project without any Environmental Impact Assessment are unlawful, being in breach of the Public Procurement Act, 2007 and the Environmental Impact Assessment Act, 1992.

“Whether the 2nd Defendant and the Federal Ministry of Environment failed in their statutory duties to ensure compliance with the Public Procurement Act 2007 and the Environmental Impact Assessment Act, 1992 respectively.

“Whether this Honourable Court ought to grant the reliefs as prayed in this suit.”