The Federal Government, the Attorney-General of the Federation (AGF) and three others have been sued over alleged plan to manipulate the process of appointing a consultant for the implementation of the “Advanced Cargo Declaration/Cargo Tracking Note Regime to include crude oil export.”
The suit filed before the Federal High Court, Abuja by a firm, Donnington Nigeria Limited, through its lawyer, Dr. Reuben Atabo (SAN), also has the Ministry of Petroleum Resources, the Federal Ministry of Finance and the Ministry of Transportation, listed as defendants.
Donnington claimed to have on January 19, 2021, written a proposal to President Muhammadu Buhari, through his Chief of Staff, for the re-introduction of the Cargo Tracking Note scheme in Nigeria as a source of foreign exchange earnings for the government and to reduce crude oil theft.
The firm stated that following the President’s approval of its proposal, it was invited by relevant government’s agencies to make presentations and was given conditions to meet to be engaged as the project’s consultant.
The plaintiff said it met the conditions and committed funds to procure equipment, engage staff and foreign partners, but the defendants were planning to now substitute it with other companies.
In its originating summons, the plaintiff raised seven questions for the court’s determination, which include whether the defendants, by their acts or omission, can invalidate the executive power of the President, having regard to Section 5 of the constitution, which confers executive power on the President to issue executive directive, dated May 4, 2021 for the implementation of the Cargo Tracking Note scheme?
Donnington is seeking nine reliefs, including a declaration that, with respect to the executive order granted by the President on May 10, 2021 for the implementation of the Cargo Tracking Note scheme, any subsequent directive either from the President or Minister for Transportation cannot invalidate the executive order/approval of May 10, 2021.
The plaintiff wants a mandating order directing the defendants to issue a “no objection” certificate to it for implementation of the Advanced Cargo Declaration/ Cargo Tracking Note Scheme to include Crude Oil Exports.
It is also praying for an order of injunction restraining the defendants and their agent “from engaging any other consultants and/or companies/persons for the implementation of the Cargo Declaration/ Cargo Tracking Note Scheme to include Crude Oil Exports.”
Donnington’s Managing Director/ Chief Executive Mohammed Sani stated, in a supporting affidavit, that following a January 11, 2022 letter by the AGF to the Minster of Petroleum Resources for the validation of the Presidential order/approval on the Cargo Tracking Note scheme, his firm began the process of implementation by purchasing items, equipment, recruitment of staffs in which it has expended over $3,000,000,000.
Sani further stated that his firm complied with all the requirements, set up a portal, and was charged ($370,000.00 out of which she has paid $170,000.00.
He said his firm also acquired an office at Zango Daura Estate at Jabi in Abuja, purchased some office gadgets, procured security equipment and engaged foreign partners, who visited Nigeria and made three presentations at the plaintiff’s expense.
Sani stated that “after complying with all the requirements, the plaintiff observed that the Ministry of Transportation was trying to introduce another company to render similar services.
“The defendants are planning to shun the plaintiff and engage other consultants to carry out the implementation of the Advanced Cargo declaration/Cargo Tracking Note Regime,” he said.