Fresh Crisis Rocks Warri Channel Dredging As Group prays court to halt the process

Abiola Seun

The dredging of Warri Channel has encountered a fresh challenge as a group approached the federal high court in Lagos to disqualify a dredging firm from carrying out the contract.

The group Cadrell Advocacy Centre had prayed that Dredging International Services Nigeria Limited be disqualified from executing the contract for the Dredging of the Warri Channel River.

The contract was awarded to Dredging International Services in 2018 by Nigeria Ports Authority (NPA).

The NGO is also seeking the company’s disqualification from benefitting from award of any other contract in Nigeria.

The NGO premised its request for order of the court against the dredging company on the ground that Dredging International NV, with 500,000 shareholding in Dredging International Services Nigeria Limited, is allegedly a convicted Company contrary to the provisions of 16 (8) (e) & (f) of the Public Procurement Act, 2007.

The defendants in the suit before Justice Hassan are Nigeria Ports Authority and Dredging as second and third defendants respectively.

The NGO alleged in their statement of claim dated the November 26, 2018 and filed on their behalf by the chambers of Chief Mike Ozekhome, that in 2012, the office of the Attorney General, Department of International Affairs, Switzerland investigated and subsequently prosecuted Dredging International NV and Dredging International Services Cyprus Limited, a part owner and sister company of Dredging International Services Nigeria Ltd (and both subsidiaries of DEME Group Belgium) on the allegation that officials of the two companies  allegedly bribed some officials of the NPA to the tune of $20million.

The claimant further alleged in their claim that Dredging International Services Cyprus Limited and Dredging International NV were allegedly convicted on May 2, 2012 and fined One Million Swiss Francs, by the Swiss court.

The NGO  seeking an order  directing the NPA to withdraw the letter awarding the contract for the dredging of the Warri Channel, and all other ancillary documents issued in furtherance of the contract for remedial works at Escravos Channel-Replacement of Aids to Navigation and Minor Dredging at Delta Ports, Warri, at the sum of $44,861, 596.81.

It averred that the award of the contract to the company by the NPA was in flagrant violation of the provisions of S. 16 (8) (e) & (f) of the Public Procurement Act 2007.

It further contended that the third defendant, Dredging International Services Nigeria Limited, is not qualified to execute contracts in Nigeria.

The NGO is also seeking from the  court an order of perpetual injunction, restraining Dredging International Services Nigeria limited, whether by themselves, servants, agents and/or

partners and privies, or  parent company from further ever dealing or executing any contract in Nigeria or with the Government of the Federal Republic of Nigeria.

The matter which came up for the first time before Honourable Justice Hassan of the Federal High Court Lagos Division on February 18, 2019 had lawyers for the NGO, NPA and Dredging International Services Nigeria Limited in attendance.

The NGO was represented by its Executive Director, one Evans Ufeli.

Justice Hassan adjourned the case to April 2, for mention to enable parties file all the necessary counter-responses.

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