Murtala Muhammed International Airport, Lagos – The Federal High Court in Lagos ordered on Monday that any further action on the Federal Government’s planned concession of Murtala Muhammed International Airport and its cargo terminals be stayed pending the hearing and determination of a suit filed by Sifax Group of Companies Limited. Sifax challenged the bidding process, naming the Attorney General of the Federation, Abubakar Malami; the Federal Government; the Minister of Aviation, Hadi Sirika; NAHCO Aviance Plc; the Infrastructure Concession Regulatory Commission; TAV Airports Holding Company; and GMR Airport Limited as defendants.
Justice Ambrose Lewis‑Allagoa granted the application of Sifax’s lawyer, Kunle Ogunba (SAN), ordering the parties to maintain the status quo. The judge overruled an objection raised by the lawyer for the fourth and sixth defendants, Adeseye Opasanya (SAN). The first, second, and third defendants were not represented. The matter was adjourned for further hearing on 29 March 2023.
In its statement of claim, Sifax asserted that it was one of 13 firms that submitted a bid after the third defendant issued a formal Request for Qualification, which stipulated that no applicant could bid twice for any specific asset. The plaintiff argued that the impression that the sixth and seventh defendants are separate entities is misleading; an internet search revealed that Airport De Paris owned 49 % of the sixth defendant and 46 % of the seventh defendant. Sifax contended that the sixth and seventh respondents violated the Request for Qualification without legal basis and should be disqualified from the tender and barred from joining any future consortium, describing their actions as dishonest and a deliberate attempt to deceive the contracting authority.
Sifax seeks several declarations, including: (1) a finding that the separate bids submitted by the sixth and seventh respondents, presented as if they were independent entities, constitute a material misrepresentation and breach Section 2.2 and Sub‑section 2.2.1 of the RFQ; (2) an order directing the third respondent to immediately disqualify the consortium led by the sixth defendant, the seventh defendant’s submission, and Airport De Paris as a standalone party from participating in the tender or joining any future group after the pre‑qualification results are announced; and (3) a declaration that Sifax is the most qualified applicant in both commercial and technical aspects of the bidding process and should therefore be declared the successful bidder for the concession of Murtala Muhammed International Airport.
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