$300m Abacha Loot: Legal Fireworks Against FG Begin, Jan 27

Legal fireworks will on Wednesday, commence in the suit challenging the Federal Government for appointing a consultant for the monitoring and implementation of the $300million allegedly looted by the late Head of State, General Sani Abacha, which was repatriated to Nigeria through a tripartite agreement between United States of America and Bailiwick of Jersey.
Before last Thursday’s proceedings, Justice Inyang Ekwo of the Abuja Division of the Federal High Court had stopped the Federal Government from taking further steps towards appointing a consultant for the monitoring and Implementation of the said recovered $300million.
The judge who halted the process, ordered all parties to the suit to maintain Status Quo Ante Bellum and not take any steps whatsoever to affect the res (the subject matter of disputes before his court), the Federal Government of Nigeria, the United States Government and the Bailiwick of Jersey entered into a tripartite agreement for the implementation of the $300million Abacha loot on the condition that the funds would be used as part of the funding for the completion of the Second Niger Bridge, the Abuja – Kano dualisation and the Lagos – Ibadan Expressway.
Although the matter was adjourned for Thursday, hearing couldn’t proceed because some of the parties to the suit were yet to be served with some of the court process.
It was, therefore, adjourned to January 27 for hearing.
The Federal Government had sent out an invitation for consultants to submit proposals to the Federal Ministry of Justice, whereupon, the claimant PPP Advisories Consortium was among the four prequalified firms among the 17 firms that responded to the request for pre-qualification.
After the evaluation of the financial proposals of the four prequalified consultants, the claimants PPP Advisories Consortium secured the highest combined Technical and Financial score, and therefore, ought to have been awarded the contract instead of Cleen Foundation which got the least combined Technical and Financial score among the four prequalified consultants.
The procurement panel of Federal Government arbitrarily disqualified the claimant and recommended the firm that came 4th (Cleen Foundation) as the preferred bidder to be awarded the contract.
Dissatisfied with the outcome, the claimants – PPP Advisories; Civil Society Legislative Advocacy Centre (CISLAC) and Issa Shuaibu & Co (PPP Advisories Consortium) – approached the Federal High Court challenging the legality or otherwise of the Federal Government decision.
Listed as defendants in the writ of summons marked FHC/ABJ/CS/1449/2020 and dated November 3, 2020, are the Attorney General of the Federation and Minister of Justice (AGF); the Permanent Secretary, Federal Ministry of Justice and Solicitor General of the Federation, Mr Dayo Akpata, SAN, (sued as chairman, Ministerial Tenders Board) and the Bureau of Public Procurement.