Contract Details: Court Hears Suit Against Aviation Perm Sec September 21

As President Bola Tinubu prepares to assign portfolios to ministerial nominees who have been screened by the senate, whoever becomes the minister of aviation may have a lawsuit already filed against the ministry as the permanent secretary of the ministry, Dr Emmanuel Meribole has been dragged before a Federal High Court sitting in Abuja, over failure to declare contract details of the ministry.

The court has fixed September 21, 2023 to hear the ex-parte motion filed by the plaintiff in the matter.

The Incorporated Trustees of Patriotic Youth Organization of Nigeria, through their lawyer, Mr Peter Abang, in suit FHC/ABM/CS/969/2023, dated July 17, 2023 prayed the court for an order granting leave to the applicant to apply for Judicial Review, to wit: A declaration that the 1st respondent (permanent secretary) has a statutory and public duty to furnish the applicant information and details concerning the 2nd respondent as contained in the applicant’s letter of request dated 23rd June, 2023.

He also prayed the court for a declaration that the refusal or failure of the 1st respondent to respond to or comply with the applicant’s request as contained in its letter dated 23rd June, 2023 constitutes a refusal failure of the 1st respondent’s statutory and or public duty to the applicant and is therefore unlaw, illegal, abuse of powers, abuse of discretion and ultra vires.

Abang urged the court to make an order directing and compelling the 1st respondent, either by its staff, officers, privies, servants or otherwise howsoever described to issue, comply with and or make available to the applicant or his privies or counsel, information and details of contracts and expenditures as contained in the applicant’s letter of 23rd June, 2023 as well as accept payment of the appropriate fees from the applicant forthwith.

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Some of the contract details being requested, in a letter dated June 23, 2023 include: Airstrip and other capital contracts by the ministry from 2020 till date; list and locations of all project vehicles for the above mentioned contracts; list and locations of all official vehicles of the ministry, including that of the former permanent secretary;  contract executed from over-head from 2022 December till date; details of approved foreign programmes for the permanent secretary in the ministry and its agencies from 2022 December till date; performance management system contracts and expenditures from 2020 till date; any other relevant document in relation to the foregoing.

According to the applicant, following investigation being undertaken by the applicant into the activities of the 2nd respondent, spearheaded by the 1st respondent and his various activities in office, the applicant has a reasonable suspicion that there has been several lapses and various misconducts by the 1st respondent, in relation to the discharge of his duties.

He said the request made in the letter is to enable the applicant compare the ownership of the assets and properties declared by the 1st respondent in his assets declaration forms as well as his lifestyle, with any other assets and properties which it suspects to be linked either to the 1st respondent, his children or even other third parties suspected to be acting for them.