Keyamo sues Kachikwu, AGF, Agip, Oando over Port Harcourt refinery

Nigerian lawyer and human right activist, Festus Keyamo has dragged the Minister of State for Petroleum Resources, Ibe Kachikwu and the Attorney General of the Federation and Minister of Justice, Abubakar Malami, to court over alleged concession of Port Harcourt refinery.

But earlier enquiries by Keyamo chambers at the Presidency over the issue drew a blank as the Infrastructure Concession Regulatory Commission (ICRC) under the Presidency, stated that the Nigerian National Petroleum Corporation never approached it “on any plan to grant a concession of the said refinery or any other arrangement with any private company for the repair, operation and maintenance of the said refinery”.

ICRC position was stated by its director general, Amino Diko who signed the reply to Keyamo Chambers’ inquiry.

The Chambers in a case with suit no: FHC/ABJ/CS/558/2017 and filed before the Federal High Court, Abuja on behalf of 20 rights group, is praying the court to stop the Federal Government from going ahead with concession of the refinery.

The defendants are to appear before the court “within 30 days after service of this summons on them, inclusive of the day of such service,” the case file stated.

Others joined in the case as defendants are Nigeria Agip Oil Company Ltd and Oando Plc.

The applicants are praying the court to determine “Whether the decision by the 1st and 2nd Defendants to enter into an agreement with the 3rd and 4th Defendants to “repair, operate and maintain” the Port Harcourt refinery does not amount to granting ‘concession’ of a Federal Government infrastructure in view of the provisions of sections 4(1) and (2), 5(a) and (b) of the Infrastructural Concession Regulatory Commission (Establishment, Etc) Act, 2005?

“Whether the decision by the 1st and 2nd Defendants to enter into an agreement with the 3rd and 4th Defendants to “repair, operate and maintain” the Port Harcourt refinery without recourse to the Infrastructural Concession Regulatory Commission is not illegal, null and void in view of the provisions of sections 4(1) and (2), 5(a) and (b) of the Infrastructural Concession Regulatory Commission (Establishment, Etc) Act, 2005?.

Read also: Confusion as Presidency disowns P’Harcourt Refinery concession

And “Whether by the provisions of Sections 4(1) and (2), 5(a) and (b) of the Infrastructural Concession Regulatory Commission (Establishment, Etc) Act, 2005, the 1st and 2nd Defendants can grant approval for the Concession of the Port-Harcourt Refinery to the 3rd and 4th Defendants without: publication in at least three National Newspapers having wide circulation in Nigeria, and such other means of circulation; inviting open competitive public bid for such project or contract approved under the Act; and contractors applying/submitting bids and proposals.”

Consequently, the applicants asked the court to among other things “declare that the decision by the 1st and 2nd defendants to enter into an agreement with the 3rd and 4th defendants to repair, operate and maintain the Port Harcourt refinery amounts to concessioning of the Port Harcourt refinery.

“To declare that the decision by the 1st and 2nd defendants to enter into an agreement with the 3rd and 4th defendants to repair, operate and maintain the Port Harcourt refinery without recourse to the Infrastructural Concession Regulatory Commission is illegal, null and void in view of the provisions of sections 4(1) and (2), 5(a) and (b) of the Infrastructural Concession Regulatory Commission (Establishment, Etc) Act.

“An order of injunction restraining the 1st and 2nd defendants, their agents, privies, assigns howsoever called from concessioning the Port-Harcourt Refinery without recourse to the provisions of the Infrastructural Concession Regulatory Commission (Establishment, Etc) Act, 2005.”

Among the rights groups are Center for Anti-Corruption and Open Leadership, Campaign for Democracy, Centre for Change, Nigerians Unite against Corruption, Grassroots Democratic Initiative and 15 others.

 

 

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