This was made known in a petition addressed to the Permanent Secretary of the Federal Ministry of Aviation and the Director-General, Infrastructure Concession Regulatory Commission.
The Falana and Falana's Chambers has urged the Minister of Aviation, Senator Hadi Sirika, to disqualify two foreign consortiums, TAV and GMR from the Concession of four Airport Terminals in Lagos, Abuja, Port Harcourt and Kano states.
This was made known in a petition addressed to the Permanent Secretary of the Federal Ministry of Aviation and the Director-General, Infrastructure Concession Regulatory Commission.
The law firm said the two companies contravened Section 2.2 of the Requests for Qualification which stated that no applicant single or a consortium can be part of more than one bid, noting that both consortiums are owned by a single party, the ADP Airport DeParis.
Falana and Falana's Chambers argued that both consortiums and the ADP Airport De Paris must be disqualified from participation in the tender and from joining any group in future.
The petition reads, “We are a firm of Legal Practitioners dedicated to the defence 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 (RFQ) 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.
”However, we have confirmed that two consortiums owned by ADP Airport DeParis submitted expressions of interest. The first consortium led by TAV Airport Holding (where ADP owns 49 %) and the Second submission done by GMR Airports Limited (Where ADP owns 46 %).
”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. See About Us - Groupe ADP (parisaeroport.fr).
“Having contravened the RFQ without any legal basis whatsoever, the TAV led consortium and the GMR submission as well as ADP as a standalone party should be disqualified from participation in the tender or joining any group in future after Pre-Qualifications results are announced.
“It is hoped that you will accede to our request to avoid any litigation over the proposed concession of the four airports terminals.
“While awaiting your reply to this letter please accept the assurances of our highest esteem and professional regards.”
In August, the Nigerian government opened the bidding process for the concession of four airports for 20-30 years.
The airports slated for concessioning are Murtala Muhammed International Airport Lagos; Port Harcourt International Airport, Rivers; Mallam Aminu Kano International Airport, Kano; and Nnamdi Azikiwe International Airport, Abuja.
By concession, the Nigerian government will turn over ownership of the airports for the private sector to operate and maintain and then revert the control after a specific period.