Adani Mega Systems Limited, a Nigerian company seeking to be joined in the ongoing $3.1 billion e-customs project suit in the Federal High Court Abuja, has accused the Federal Government of breaching the law in awarding the contract

According to the firm, there are several pending suits on the matter before other courts, alleging that the action of the government is seeking to go ahead amounts to being subjudice.

In a motion on notice brought before the court by counsel to Adani Mega Systems Limited, Taiwo Abe, the firm, while seeking to be joined in the matter listed the cases and stated that it would be affected by the outcome of the matter

According to the motion, the company said the other matters were also concerned with the automation of the Nigeria Customs Service (NCS), which is the major cause for the ongoing matter filed by E-Customs HC Project Limited and Bionica Technologies (West Africa) Limited that jointly challenged the alleged unlawful and fraudulent concession of the e-custom 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.

Adani Mega Systems Limited, through its lawyer, wrote: “ The purported Federal Executive Council approval of September 2, 2020, and the signing of the contract award to the Defendants for automation of the activities of the Nigeria Customs Service E-customs when an action is pending is sub judice, pre-emptive of the court’s decision, illegal, unlawful and done to steal a match against the applicant.”

The company added that it secured a contract for the same project from the Central Bank of Nigeria (CBN) dated February 16, 2017, on a build, operate and own (BOO) basis.

According to the motion, the company added that only the CBN, empowered through the Technical Committee set up for that purpose, has the mandate, power and authority to administer the provisions of the Pre Shipment Inspection of Exports Act and the Pre-Shipment Inspection of Imports Act.

It added that the CBN had sought and obtained a letter of ‘No Objection’ from the Bureau of Public Procurement (BPP) with regards to the contract between the Claimant and the Federal Government of Nigeria through the Technical Committee of the Comprehensive Import Supervision Scheme (CISS).

The company alleged further that the CBN without any legal ground allegedly terminated the said contract on September 18, 2017, which it described as illegal, unlawful and invalid.