Funso Doherty, a former governorship candidate of the Action Democratic Congress (ADC) in Lagos, has threatened to sue the Bureau of Public Procurement (BPP), an agency of the federal government in charge of award of contract and procurement.

According to Doherty, the BPP failed to uphold compliance with the Public Procurement Act of 2007 during the award process for the Lagos-Calabar coastal highway project.

In May, President Bola Tinubu officially launched the construction of the 700-kilometer highway. The roadworks commenced in March, with the initial phase consisting of 47.47 kilometers of dual carriageway. Hitech Construction Company Ltd secured the contract for this phase.

However, the project, estimated to cost N15.6 trillion, has sparked controversy. Concerns include the demolition of structures along the highway’s right of way and allegations of opacity in the award process and associated costs.

Doherty had previously called on the national assembly to investigate the project, citing violations of the Public Procurement Act and lack of adherence to due process.

In a pre-action notice dated July 4, Doherty’s legal counsel addressed the BPP, highlighting the absence of open competitive bidding before awarding the project to Hitech.

The notice emphasised the Bureau’s duty to ensure strict compliance with the Act, promoting competition, efficiency, and affordability in project selection.

“Our client who is a taxpayer with special interest in how his tax monies are spent by the government, has his cause of action against the Bureau of Public Procurement (“the Bureau”) embedded in the Bureau’s failure to carry out its duties as specified under Sections 5 & 6 of the Public Procurement Act.

“Especially as they relate to the duty of the Bureau to implement strict compliance with the provisions of the Act in order to ensure that the most viable and affordable options in undertaking are selected in a manner which promotes competition, economy and efficiency,” the pre-action notice reads. (BusinessDay)

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