Funso Doherty, a political activist who previously contested for the Lagos State gubernatorial election, has taken the Federal Government, the Bureau of Public Procurement (BPP), and Hitech Construction to court over alleged illegalities in the awarding and commencement of the Lagos-Calabar Coastal Road project.
In a statement dated August 30, 2024, and posted on his official X (formerly Twitter) account on Saturday, Doherty expressed his deep concerns.
He argues that the contract for the project violates the Public Procurement Act and the Environmental Assessment Act.
According to him, these violations not only threaten life and property but also jeopardize the stability of the region’s economic and political institutions.
“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 preaction notices we previously served, as required by law.
“Our lawsuit challenges the awarding of the Lagos-Calabar Coastal Road contract and the initiation of the construction, arguing that these actions violate the Public Procurement Act and the Environmental Assessment Act.
“We content that these 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,” his statement read in part.
Legal arguments in Doherty’s lawsuit
In the detailed lawsuit attached to the statement posted on Doherty’s official X account, Funso Doherty contends that the award of the first two sections of the Lagos-Calabar Coastal Highway project by the Federal Ministry of Works to Hitech Construction is unlawful and void. He argues that the project was not subjected to open competitive bidding, a clear violation of the Public Procurement Act of 2007.
The lawsuit further asserts that the commencement of the project without conducting an Environmental Impact Assessment (EIA) breaches the Environmental Impact Assessment Act of 1992.
Doherty also argues that the Federal Ministry of Environment and the Bureau of Public Procurement failed in their statutory duties to ensure compliance with these crucial legal requirements.
As part of the legal action, Doherty is seeking a court order to nullify the award of the Lagos-Calabar Coastal Highway project to Hitech Construction.
He is also requesting an injunction to halt any further construction on the project until there is full compliance with the Public Procurement Act and the Environmental Impact Assessment Act.
Additionally, the lawsuit demands that the Federal Ministry of Works be ordered to subject the remaining sections of the highway project, which have not yet been awarded, to open competitive bidding as mandated by law.
