Doherty Set to Sue FG, BPP Over Lagos-Calabar Coastal Road, Says Project Not Compliant With Procurement Act, 2007

The Lagos State governorship candidate of the African Democratic Congress (ADC) in the 2023 general elections, Mr. Funsho Doherty has notified the Federal Government of Nigeria of his intension to the government to court over the Lagos- Calabar coastal highway.

Mr. Doherty hinged his action on the failure of the project award to comply with the Bureau of Public Procurement (BPP) Act, 2007.

The ADC candidate said that the government has not complied with the law in the planning and execution of the project  “as due process was not followed.”

Doherty in said in a statement that that “it’s our duty to insist on leadership doing the right thing.”

In a pre-action notice dated July 4, 2024 and already served on the Attorney General of the Federation, Environmental Protection Agency, and the Bureau of Public Procurement (BPP), Doherty stated that the government has continuously violated Nigerian laws with regards to the project.

“Our client who is a taxpayer with special interest in how his tax monies are spent by the government, has his cause of action against the Bureau of Public Procurement (“the Bureau”) embedded in the Bureau’s failure to carry out its duties as specified under Sections 5 & 6 of the Public Procurement Act,” the pre-action notice reads.

“Especially as they relate to the duty of the Bureau to implement strict compliance with the provisions of the Act in order to ensure that the most viable and affordable options in undertaking are selected in a manner which promotes competition, economy and efficiency.”

According to Doherty,  “In the past few months, we have consistently highlighted violations of existing laws in the award and execution of the Lagos-Calabar Coastal road project to the relevant government agencies, urging rectification. Unfortunately, these appeals have been ignored.

“If these violations are not addressed within the statutory period of 30 days, legal actions will be taken to compel the Federal Government to ensure compliance with the Public Procurement Act and Environmental Impact Assessment Act.”

Environmental protection enthusiasts and organisations as well as people whose properties are affected by the proposed N16 trillion projected have continued to protest the lack of transparency and compliance with extant environmental laws by the federal government as the Minister of Works, Mr. David Umahi has insisted that the project must go on.

Several properties, especially in Lagos State have been demolished to make way for the project.