Lagos International Airport Concession In Limbo As Court Intervenes

• Last year, the Federal Government chose the preferred bidders of the concession of some airports in the country.

• The international airport in Lagos State was one of the concerned airports.

• However, the reserved bidder alleged that the preferred bidder breached the procedures for the process.

Eko Hot Blog reports that a Federal High Court in Lagos State has ordered the federal government to halt further action on its planned concession of the Murtala Muhammed International Airport and cargo terminals.

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The presiding judge, Ambrose Lewis-Allagoa, made the order on Monday in a suit filed by Sifax Group of Companies Limited, challenging the bidding process.

In October, the federal government announced TAV/NAHCO Project Planet Limited as the preferred bidder for the Lagos airport and Sifax/Changi Consortium as the reserve bidder.

However, Sifax was dissatisfied with the decision, which it challenged in the suit filed at the federal court in Lagos.

In the suit, which listed Abubakar Malami, Attorney-General of the Federation; the federal government; Hadi Sirika, Minister of Aviation; NAHCO Aviance Plc; Infrastructure Concession Regulatory Commission; TAV Airports Holding Company and GMR Airport Limited as 1st to 7th defendants, the reserved bidder alleged that TAV breached procedures by bidding twice.

In its statement of claims, the plaintiff (Sifax) claimed it was one of the 13 firms that bided for the contract after the 3rd defendant issued a formal Request for Qualification (RFQ).

The firm averred that out of the 13 firms, the 3rd defendant (aviation minister) later invited shortlisted bidders, including the plaintiff, which bided with Changi Airports (as a consortium) to submit proposals for the contract.

It said contrary to the misleading impression that both the 6th and 7th defendants (TAV and GMR) were separate entities, a search on the internet revealed a different position.

The firm, Airport De Paris, owns 49 percent and 46 percent shares in the 6th and 7th defendants respectively.

The plaintiff said that having contravened the request for qualification without any legal basis, the 6th and 7th respondents should be disqualified from participating in the tender or joining any group in the future.

Sifax further argued that their action was a demonstration of dishonesty and a deliberate attempt to deceive the contracting.

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The court has adjourned the matter to March 29, 2023.

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