Aviation

November 11, 2021

Airport concession: Falana alleges violation of process by three foreign bidders, writes Minister

politics in Nigeria

Femi Falana Femi has called on Nigerians to actively expose private individuals and public officials who contravene the provisions of the Anti-Torture Act 2017.

By Lawani Mikairu

Femi Falana’s Chambers, Thursday wrote the Minister of Aviation, Senator Hadi Sirika alleging that three foreign bidders for the four airports to be concessioned, namely, TAV Consortium, GMR Consortium, and Airport De Paris (ADP), have violated the Infrastructure Concession Regulatory Commission (Est.) Act 2005 and The National Policy on Public-Private Partnership (N4P).

He, therefore, called for the disqualification of the three firms from the bidding process to avoid litigation which might derail the entire excercise.

The four major airports slated for concession are the Murtala Muhammed Airport, Lagos, Nnamdi Azikiwe Airport, Abuja, Aminu Kano International Airport, Kano, and the Port-Harcourt International, Port-Harcourt.

In a letter signed by Falana to the Aviation Minister entitled, “Request To Disqualify TAV Consortium, GMR Consortium, and ADP”, he said he has confirmed that two consortia owned by ADP submitted an expression of interest. He further alleged that “the first consortium was led by TAV Airport Holding (where ADP owns 49%) and the Second submission was done by GMR Airports Limited (where ADP owns 46%).

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The letter also said :  “We are a firm of Legal Practitioners dedicated to the defense of Human Rights as well as the promotion of the Rule of Law and Public Accountability in Nigeria. Our attention has been drawn to the public notice published by the Ministry of Aviation sometime in August 2021 wherein Requests for Qualification (RFO) were invited for the Concession of four Airport Terminals in Lagos, Abuja, Port Harcourt, and Kano in accordance with the Infrastructure Concession Regulatory Commission (Est.) Act 2005 and The National Policy on Public-Private Partnership (N4P).”

“It is pertinent to note that it is expressly stated in Section 2.2 of the RFQ that no applicant single or a consortium can be part of more than one bid. Section 2.2.3 is further clarifying that the eligibility shall apply to an applicant and/or to the parties consisting of the applicant i.e shareholders”.

” Contrary to the misleading impression that both TAV and GMR are separate entities,  a search on the internet has revealed that ADP owns 46% of GMR and 49% of TAV.”

“Having contravened the Requests for Qualification (RFO) without any legal basis whatsoever,  the TAV-led consortium and the GMR submission, as well as ADP as a stand alone party, should be disqualified from participation in the tender”.

“It is hoped that you will accede to our request to avoid any litigation over the proposed concession of the four airports terminals.”.

Vanguard News Nigeria