Alleged contract infraction: FAAN in N5bn compensation suit 

……As contractor queries the illegal award of Cleaning Services Contract to over 80 companies 

  A human rights lawyer, Barrister Benjamin Barnes Arekameh, Esq,  of Arekameh and Arekamhe’s Chambers, has seeks compensation up to the tune of the sum of  N5billion from the Federal Airport Authority Nigeria (FAAN)  and top echelon in the Aviation industry.

In a lawsuit filed in the Federal High Court of Nigeria, Lagos Judicial division, with suit number FHC/L/CS/1337/22, and deposited on the 28th July, 2022, made available to our correspondent.

The lawyer, who on behalf of his client, (ZAINAMIR CONCEPT LIMITED) demands that the Federal Airport Authority of Nigeria (FAAN), Minister of Aviation, Senator Hadi Abubakar Sirika, The Bureau of Public Procurement, Mr. Mamman Ahamadu, Director-General Bureau of Public Procurement and four others to pay damages and compensation for depriving his client the opportunity to participate in the bidding and award of Cleaning Services.

  Speaking further, he revealed that although due process was not followed, the contracts was awarded to other companies in violation of the Public Procurement Act (2007), which  caused  his  client an humongous amount of money, psychological trauma, and loss of  concentration. 

He  therefore seeks “ An order of the honourable Court compelling the 1st , 2nd , 3rd, 4th, 5th, 6th, 7th, 8th, and 8th, and Defendants to jointly and severally pay the plaintiff the sum of N5billion (Five  Billion Naira) as damages/ compensation on the grounds that the plaintiff was deprived by the 1st,  2nd, 3rd, 4th, 5th, 6th, 7th, and 8th Defendants of the  opportunity to participate in the anticipated bidding process and award of the purported contracts of Cleaning Services of the 5th Defendant which did not follow due process in its awards by the 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, and 8th to 82  limited Liability companies.    

He craved the indulgence of the court to restraint the Federal Airport Authority of Nigeria, Ministry of Aviation, seven others or any of their representative in pursuant of some unwarranted instructions in respect of the awarded Cleaning Services, pending the hearing and determination of the substantive law suit.”  

He sue for “An order of interlocutory injunction restraining their agents or any persons acting in pursuant to their unwarrantable instructions/directives from giving effect to the purported contract of Cleaning Services awarded surreptitiously/ clandestinely by the Federal Airport Authority of Nigeria without recourse to and in flagrant abuse of the Public Procurement Act 2007 pending the hearing and determination of this substantive law suit.”    

Barrister Arekemeh, opined the above individuals lack the capacities to issue award letters of the purported contracts of Cleaning Services. He therefore charged the court to nullify the contract on the grounds of rule of law, equity, fairness, transparency, accountability and more importantly to serve the intent and purpose of justice to his client.     

He further craved the indulgence of the court to pay his client 21% interest per annum until the judgment sum is fully and finally liquidated, stressing  that if his client had “invested the judgment sum in a fixed deposit/ investment account such interest would have amounted to an awesome investment.

Hence “An order of the honourable court compelling the 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th and 9th Defendants to pay the plaintiff 21percent interest per annum until the judgment sum is fully and finally liquidated on the   grounds that if the plaintiff had invested the judgment sum in a fixed deposit/investment account such interest sum would have accrues to the plaintiff. 

The erudite lawyer, noted that earlier in the year, he submitted a formal complaints to the duo of   Economic and Financial Crime Commission (EFCC), and Independent Corrupt Practices and other Related Offences Commission (ICPC), seeking to investigate  companies such as: Scot Williams, Amah Technical & Universal Contractors limited, Western African infrastructure Limited which was allegedly owned by the defendants’ political associate, but till date they  have not been interrogated in respect of the subject matter.

He charged the organization to look into the matter and ensure sanctity in the system as an independent and reliable body.

As at the time of filing this report, all efforts to elicit reaction from the General Manager, Corporate Affairs, Federal Airports Authority Mrs. Faithful Hope-Ivbaze proof abortive.