Lagos — A Federal High Court in Lagos has set aside a fresh Concession Agreement on the Lagos-Ibadan Expressway reconstruction project. The court stopped the concession until the determination of the main suit.
While delivering his ruling in a suit filed by Bi-Courtney Highway Services Limited against the Attorney General of the Federation, the Federal Ministry of Works, the Infrastructure Concession Regulatory Commission (ICRC), the Infrastructure Bank Plc and Motorway Assets Limited (MAL) on Friday, the Court granted a Mandatory Injunction on the fresh concession agreement, purportedly signed by the defendants on January 16, 2015, as prayed by the Plaintiff/Applicant.
Among the prayers sought by Bi-Courtney in Suit No. FHC/L/CS/727/2015 was an Order of Mandatory Injunction setting aside the Concession Agreement granted MAL, over the Lagos-Ibadan Expressway in the form of a Finance, Operate and Transfer arrangement involving the Federal Authorities. The Court held that the grant of the Concession to MAL in the circumstances of the case was a flagrant disregard of the established principles of law.
Bi-Courtney also sought in its application an “Interlocutory Injunction restraining all the Defendants/Respondents, particularly the 1st, 2nd and 5th Defendants/Respondents, from implementing, giving effect to, actualizing, operating or, howsoever, taking any steps or actions whatsoever in furtherance of, or pursuant to, the Concession Agreement dated 16th January 2015, between the 1st, 2nd and the 5th Defendants/Respondents, which purports to grant a concession over the Lagos-Ibadan Expressway in the form of a Finance, Operate and Transfer arrangement to the 5th Defendant, pending the hearing and d determination of the substantive suit herein.”
Just before delivering the ruling, the defendants sought to prevent the Court from delivering the said ruling by filing an application in court. The court deprecated the attempt to arrest its ruling and proceeded to deliver the said ruling and granted “an order of mandatory injunction…setting aside the Concession Agreement dated 16th January 2015 between the 1st, 2nd and the 5th Defendants/Respondents, which purports to grant a concession over the Lagos-Ibadan Expressway in n the form of a Finance, Operate and Transfer arrangement to the 5th Defendant.”