Nigeria

Court asked to restrain BPP’s involvement in award of contracts in FCT

A non-governmental organization, the Registered Trustees of Center For Reform and Public Advocacy has dragged the BUREAU of Public Procurement to the Federal High Court, Abuja Division over the alleged illegality of its involvement in the award of contracts for refuse disposal in the Federal Capital Territory.

In a suit marked FHC/ABJ/CS/1585/2020, the Plaintiff claimed that the bureau violated some sections of the 1999 constitution by its actions.

”By virtue of Section 7 (1)(5) and paragraph 1(H) of the Fourth Schedule of the 1999 Constitution (as amended), the disposal of refuse and the receipts of payments for the same are the Constitutional and Statutory responsibilities of the 2nd Defendant.

The suit said the 1st defendant lacks the right to engage in procurement exercise for the award of contracts for refuse disposal to any company, individual or organization or entity by whatsoever name within the said Federal Capital Territory, Abuja.

The plaintiff is therefore seeking an order of perpetual injunction restraining the 1st defendant, its agents and others howsoever from participating in the procurement exercise for the award of contracts for refuse disposal and making payments for same to any company, individuals or organizations by whatever name in view of the provisions of Section 7 (1)(5) and paragraph H of the Fourth Schedule to the 1999 constitution of the Federal Republic of Nigeria (as amended).

”An order directing the 1st Defendant to allow the 2nd Defendant to commence to discharge its duties under Section 7 (1) (5) and paragraph 1(H) of the Fourth Schedule to the 1999 Constitution of the Federal Republic of Nigeria (as amended) by awarding and paying for refuse disposal within the 2nd Defendant’s territorial jurisdiction.

The Plaintiff’s lawyer, Kalu Kalu Agu Esq in his written address submitted that even though the Federal Capital Territory Development Authority headed by the Minister of the Federal Capital Territory, is empowered by FCT ACT to provide Municipal services that such services should not include the function of refuse disposal upon which the BUREAU of Public PROCUREMENT is invited to participate in the procurement process and that such acts are ultra vires the constitution

The other defendant joined in the suit is the Abuja Municipal Area Council.

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