Nation
Court Stops FG From Taking Further Actions On e-Customs
A Federal High Court in Abuja has restrained the Federal Government from enforcing or giving effect to the Customs Modernisation Project otherwise known as e-Customs allegedly executed by its agents on May 30, 2022.
The agents who allegedly executed the disputed concession project are the Nigerian Customs Service, Trade Modernisation Project Limited, Huawei Technologies Company Nigeria Limited, and African Finance Corporation.
The court also issued an order of interim injunction against the Federal Government or its agents acting through the Federal Executive Council from retrospectively ratifying the decisions to concession the e-Customs project to Trade Modernisation Project Limited, Huawei Technologies Company Limited, and African Finance Corporation.
The restraining order issued last Friday by Justice Inyang Ekwo shall last till the hearing and the determination of a suit brought against the Federal Government by two aggrieved companies.
The two aggrieved companies are E-Customs HC Project Limited and Bionica Technologies (West Africa) Limited which jointly challenged the alleged unlawful and fraudulent concession of the e-customs project to African Finance Corporation.
Counsel to the two aggrieved companies, Anone Usman had, on behalf of the two plaintiffs, argued an ex-parte application in which he prayed the Federal High Court for interim orders against the defendants to protect the interest of his clients.
Justice Inyang Ekwo while ruling on the ex-parte application granted the prayers of the plaintiffs having placed sufficient evidence of interest in the concession project.
The Judge also granted permission to the aggrieved companies to serve a Writ of Summons and all other processes on the African Finance Corporation at its head office, located in Ikoyi, Lagos through DHL courier services.
Defendants in the suit are the Federal Government of Nigeria, Attorney-General of the Federation, Finance Minister, Infrastructure Regulatory Concession Commission, Nigeria Customs Service, Trade Modernisation Project Limited, Huawei Technologies Limited, African Finance Corporation, and Bergman Security Consultant and Supply as 1st to 9th defendants respectively.
Justice Ekwo subsequently fixed June 28 for hearing in the matter.
The two plaintiffs had in their statement of claims narrated how they proposed to carry out the Customs Modernisation Project through several government officials for the benefit of the Nigerian Customs Service.
They claimed that after a series of meetings and negotiations with some of the defendants, President Muhammudu Buhari granted anticipatory approval for the e- customs Project
According to them, on September 2, 2020, the Minister of Finance presented a memo with the number EC2020/153 to the Federal Executive Council, the highest decision-making body of the Federal Government, and secured approval for the two plaintiffs to be granted the award of the concession.
The plaintiffs said that trouble started when the Nigeria Customs Service unilaterally reviewed the Federal Executive Council approval and imposed other conditions among which are shareholding formulae and governance structure on them.
They said further that the power of the Nigeria Customs Service to unilaterally review FEC approval was protested and that the Comptroller General of the agency stood his ground.
They said they were surprised to read in the news that the Nigeria Customs Service had executed a concession agreement with the Trade Modernisation Project on May 30, 2022, with Huawei Technologies Company and African Finance Corporation in total breach of the Concession Agreement vetted by the AGF in conjunction with the Minister of Finance.
They said that the Trade Modernisation Project Limited was incorporated in April 2022 at the Corporate Affairs Commission (CAC) with one Alhaji Saleh Ahmadu a close friend of the Comptroller General as the chairman.
The plaintiff stated that the new company, having been just incorporated in April 2022 could not have obtained and did not obtain the full business case compliance certificate from the Infrastructure Regulatory Concession Commission (IRCC) and the approval of the Federal Executive Council to carry out the e- custom project.
They, therefore, asked the court to make a declaration that the decisions of the Federal Government and its agent to enter into a concession agreement with Trade Modernisation Project Limited, Huawei Technologies Company and African Finance Corporation in respect of the e-customs project is illegal, null and void, having been made in gross violation of Section 2 of the Infrastructure Concession Regulatory Commission Act 2005.
They also asked the court to declare that e-Customs HC Project Limited is the approved and rightful concessionaire for the e-customs project as approved by the Federal Executive Council at its meeting of September 2, 2020, and in line with Section 2 of the Infrastructure Regulatory Concession Commission Act.
They applied for an order of the court directing the Federal Government through AGF, Finance Minister, IRCC, and Customs to consulate the e- custom project with the 1st plaintiff, (E-Customs Project Limited) as approved by FEC in its September 2020 meeting.
Besides, the two plaintiffs asked the court to compel the defendants to pay them a sum of N200m as the cost of litigation.
Rivers state Deputy Governor Professor Ngozi Nma Odu has commended “The Port Harcourt City One Love,”a Port Harcourt based humanitarian orgnisation For it’s commitment towards alleviating the sufferings of the poor and vulnerable in the society.
Professor Ngozi Nma Odu said this while speaking at this year’s edition of “operation feed the needy” a yearly outreach program of “The Port Harcourt City One Love ” in Port Harcourt.
The Deputy Governor said by feeding more than sixty thousands hungry people within the past six years, the Port Harcourt City One Love Movement has distinguished itself as a club that cares for the less privilege in the society.
She commended the , organization for listing eleven thousand persons to be fed in the current exercise.
Meanwhile The Port Harcourt City One Love has planned a permanent solution to the problem of feeding the poor in the state.
The leader of the group Mr Idaere Gogo Ogan who said this in an interview with newsmen during the distribution of food items to the poor and vulnerables in Port Harcourt said the organization is planning a permanent food kitchen where poor and vulnerable persons can work in anytime and get fed.
Idaere Gogo Ogan said more than sixty thousands poor and vulnerable persons across Port Harcourt City and environs have been fed since the inception of “The operation feed the needy” program six years ago,adding that so far sixty thousands poor and vulnerable persons have beneffited.
He described the group as a platform to promote friendship, brotherhood, community development empathy and feeding the less privilege and hungry people
“That’s what we are doing today here,so we started the exercise six years ago”.he said.
Ogan said the effort was a private sector driven initiative but added “it also involves people in Government because the platform does not recognize any division,we bring everybody together in unity , friendship and brotherhood”he said.
He said the effort will go along way in alleviating hunger especially following the prevailing hunger in the country.
According to him “you know the country is very tough, people are hungry people are starving, there is a whole lot of economic hardship,so for us, this is just our own way of reaching out, our own social contribution to what is very difficult”he said.
Over eleven thousand persons were fed in the just concluded exercise.
Areas of coverage include, Isaac Boro park, Port Harcourt prison/Macoba, Borokiri/Enugu waterside Bundu areas Waterlines and others.
Some of the beneficiaries including an 80 years old widow commended the movement for the annual programm and urged other organizations to emulate them
John Bibor,/Esuuk Oyet/Suotor Memoye /Jeremiah Hannah
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