A Federal High Court in Abuja has been told that the Comptroller General of the Nigeria Customs Service, (NCS), Col. Hameed Ali is frustrating the $3.1Bn Customs Modernisation Project by seeking to reverse the Federal Executive Council (FEC) approval granted for the project.
The accusation of frustration of the new Cargo Tracking Policy expected to generate huge revenue for the Federal Government was brought against the incumbent Customs Comptroller General before Justice Inyang Edem Ekwo.
A group of investors approved by the Federal Executive Council, FEC to undertake the modernisation project claimed that the Customs’ chief on his own, amended the modernisation policy without a recourse to the FEC that granted the initial approval.
Among others, Alli was said to have unilaterally brought into the project, two new companies that were not among those approved by the FEC at its September 2020 meeting.
In a counter-affidavit to a motion seeking to terminate the law suit on the disputed $3.1b Cargo tracking policy, the investors led by one Alhaji Umaru Tanko Kuta named Trade Modernisation Project (TMP) Limited and Bergman Security Consultant and Supplies (BSCS) Limited as two firms allegedly unlawfully brought into the project.
The counter-affidavit deposed to by Alhaji Kuta, Managing Director of Bionica Technologies West Africa (BTWA) Limited, averred that Ali allegedly engaged the two companies into the project so as to corner the Cargo Tracking Policy to his family and business associates.
Among others, the investors claimed that while the FEC gave approval to E-Customs HC Project (ECHCP) Limited as the Concessionaire for the Cargo Tracking Policy as far back as September 2, 2020, TMP Limited unlawfully brought by Ali was registered on April 7, 2022 with one Mrs Jummai Zainab Umar-Ajijola as the promoter.
They further claimed that the Chairman of the second Company, BSCS Limited, Alhaji Umar Saleh, also allegedly unlawfully brought into the Cargo Tracking project is a close ally of the Customs Comptroller General and a principal shareholder in the company.
Ali is also said to be brother to Mrs Jummai Zainab Umar-Ajijola, alleged to be promoter of the TMP Limited.
The affidavit further stated that following the decision of the Federal Government on May 30, 2022 to award the Concessionaire for the Cargo Tracking to TMP Limited as against the earlier ECHCP Limited, a law suit was instituted to challenge the unlawful move.
Messrs ECHCP and BTWA Limited being the two that conceived the project and also secured FEC approval of September 2020 were said to have jointly instituted the court action against the Federal Government and others.
The investors insisted that TMP Limited and BSCS Limited were unilaterally co-opted into the e-customs project as co- sponsors despite not making any input or commitment whatsoever towards the FEC approval obtained by BTWA for the e-customs project.
They, therefore, faulted the application by Ali’s alleged agents to unlawfully wind up the ECHCP and pull it out of the court action against the Federal Government.
The investors asserted that the move by the Ali through Mrs Jummai Zainab Umar-Ajijola was a.ploy to stifle justice in the matter.
They further claimed that the purported winding up of the ECHCP Limited is a ploy to strip the BTWA Limited of its interest in the partner Company.
The counter-affidavit, therefore, urged Justice Ekwo to refuse the request to remove ECHCP Limited as joint plaintiff in the suit adding that the request is misplaced and brought in utmost bad faith.
ECHCP Limited, listed as the first plaintiff in the suit had made a dramatic U-turn and announced its decision to pull out of the court action against the government.
In a withdrawal motion, brought by its counsel, Ugochukwu Nnoli, the company alleged that its consent and authorisation were neither sought nor obtained by the second plaintiff, BTWA Limited before dragging the Federal Government to court.
ECHCP Limited claimed that it had a joint venture company and a Special Purpose Vehicle (SPV) promoted by BTWA Limited, the 2nd plaintiff in 2019 with equal shareholders standing.
ECHCP Limited, however, said the purpose of forming a joint venture to bid for the contract for service to the Nigeria Customs Service (NCS) had since failed and consequently it had applied to the Corporate Affairs Commission CAC for a voluntary winding up.
The company asserted that using its name as the first plaintiff to obtain or seek further injunctive reliefs against the Federal Government was tantamount to obtaining by false or fraudulent misrepresentation.
Specifically, ECHCP said it had no grouse any longer against the Federal Government.
The company further said that the crux of its application was not just about which of the two lawyers to represent it but on the much more fundamental question of false and wrongful commencement of the suit in its name as an unwilling litigant.
It further said the name E-Customs was generic and that it had not registered the same as a trade mark or trade name and does not object to the use of the name by any person.
The company further stated that it was anxious to escape any criminal liabilities that may result from disclosure of privileged communication protected by the Official Secrets Act.
Meanwhile, Justice Ekwo has fixed the matter for February 20, 2023.
