Court bars Amaechi, others from appointing international cargo tracking operators

A Federal High Court in Abuja on Tuesday barred the Minister of Transportation, Rotimi Ameachi; Attorney General of the Federation, Abubakar Malami (SAN), and the Bureau of Public Procurement (BPP) from nominating any company or entity as operators of the International Cargo Tracking System in Nigeria (ITCN).

The order of the Court was as a result of an ex parte motion marked FHC/ABJ/CS/1587/2021 filed by Incorporated Trustees of Citizens Advocacy for Social and Economic Rights.

Recall that the group had complained about the official irregularity associated with the ongoing process of appointing an implementation agent for the ITCN.

The court order specifically prohibited Medtech Scientific Limited and Rozi International Nigeria Limited (4th and 5th defendants) or their agents from parading themselves or functioning as operators of ICTN in Nigeria pending the hearing and determination of the motion on notice.

Justice D.U. Okorowo granted the interim orders against the defendants pending the hearing and determination of the motion on notice filed by the plaintiffs.

The motion ex parte dated December 9, 2021, and filed on December 13, was supported by an affidavit sworn by the Executive Director of CASER, Frank Tietie, and accompanied by a written address.

After listening to A.U Mustapha (SAN), for the plaintiff/applicant, Justice Okorowo held: “An order of interim injunction is hereby made restraining the 2nd defendant (BPP): either by itself, servants, agents, privies or through any person or persons howsoever described or termed from appointing the 4th and 5th defendants as the operators of the International Cargo Tracking System in Nigeria pending the hearing and determination of the motion on notice.

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“An order of interim injunction is hereby made restraining the 2nd defendant; either by itself, servants, agents, privies or through any person or persons howsoever described or termed from giving further approvals and waivers to the 1st defendant (Honourable Minister, Federal Ministry of Transport) in the planned appointment of the 4th and 5th defendants as the operators of the International Cargo Tracking System (ICTN) in Nigeria pending the hearing and determination of the motion on notice.

“An order of interim injunction is hereby made restraining all the defendants either by themselves or through their officials or agents or any other person or persons howsoever from taking further steps towards nominating any company or entity to be operators of the International Cargo Tracking System in Nigeria pending the hearing and determination of the motion on notice.”

The case was adjourned to January 12, 2022, for arguments on the motion on notice.

Tietie stressed that CASER instituted the case out of serious concern for Nigeria’s internal security following the massive inflow of small arms and light weapons through Nigerian seaports.

He also revealed that Nigeria loses huge billions of dollars following the improper tracking of cargo exports and imports.

According to him, the overall goal of the case by CASER was to simply ensure compliance with the provisions of the Public Procurement Act in line with international best practices and standards in the procurement of such security-sensitive services.

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