Justice A. O. Owoeye of a Federal High Court in Lagos has adjourned the hearing of a suit challenging the Lagos-Calabar Coastal Highway Project to January 14, 2025, due to procedural issues.

The case was brought before the court by Funsho Doherty, a former governorship candidate of the African Democratic Congress (ADC) in Lagos State. Doherty sued the Attorney General of the Federation, Bureau of Public Procurement, and HiTech Construction over alleged violations of the Public Procurement Act 2007. He accused the Federal Ministry of Works of bypassing the mandatory open competitive bidding process by awarding the initial phases of the highway project to HiTech Construction through a single-source procurement method.

Doherty’s legal team, led by D. D. Duru, argued that the project’s award contravened public procurement regulations and that construction had commenced without the necessary Environmental Impact Assessment (EIA), breaching the Environmental Impact Assessment Act, 1992.

At the court session yesterday, Duru informed Justice Owoeye that the case, marked FHC/L/CS/1555/2024, was appearing for the first time, and the defendants had responded by filing a counter affidavit and a preliminary objection. According to Duru, the matter was ready for hearing.

However, Abiodun Owonikoko (SAN), representing the first and second defendants, encountered opposition from Duru, who argued that the counsel appearing for the second defendant differed from the one who had filed earlier responses. Duru insisted that since the Bureau of Public Procurement is independent, it should not be represented by the same legal counsel as the government.

Responding, Owonikoko claimed he only became aware of the issue that morning. He stated, “The process referred to by my learned friend was only brought to my notice today. I sought the counsel who filed the initial responses, but they were not present.” He further requested that the documents filed by the second defendant be struck out, a request Duru opposed, insisting that either the original counsel appear to withdraw or a formal change of counsel be filed.

The third defendant’s counsel, Oyinkansola Badejo-Okunsanya, sought an extension of time, citing that her application, supported by an 11-paragraph affidavit, was only filed on November 15, 2024. The court granted the extension.

In his originating summons, Doherty urged the court to declare the Lagos-Calabar Coastal Highway project award to HiTech Construction unlawful for bypassing open competitive bidding. He also sought a declaration that commencing construction without an EIA was illegal. Doherty is asking the court to nullify the project award and restrain further construction until compliance with both the Public Procurement Act and the EIA Act. The court adjourned the case to January 14, 2025, for procedural regularisation, with the substantive hearing set for January 27, 2025.