The federal government has been dragged before a Federal High Court sitting in Abuja, over allegation of interference in the implementation of Advanced Cargo Declaration and Cargo Tracking Note Regime.
In the suit filed by Dr Reuben Atabo, a Senior Advocate of Nigeria, the court was asked to stop the federal government from interfering in the implementation of the Cargo Tracking Note Scheme.
Defendants in the suit are the attorney-general of the federation and minister of justice, the ministry of petroleum resources, federal ministry of finance and ministry of transportation.
The plaintiff in the matter, Donnington Nigeria Limited, prayed the court for an interlocutory injunction restraining the respondent either by themselves, agents, privies, and or servants from engaging another Consultant to implement the Advanced Cargo declaration/Cargo Tracking Note Regime or taking any steps or further steps in respect of the subject matter of this suit, other than the Plaintiff/Applicant pending the hearing and determination of the substantive suit.
The plaintiffs also prayed the to make an order against the government of Nigeria from interfering or stopping the further implementation of the Advanced Cargo declaration/Cargo Tracking Note Regime already commenced by the plaintiff/Applicant pending the hearing and determination of the substantive suit.
The firm prayed for an order restraining the Defendants either by themselves, agents, privies, assigns, and or servants including any agency or agencies of the federal government of Nigeria from engaging any Consultant(s), Companies or firms, or nominating any other firm other than the Plaintiff/Applicant which was commenced through the Federal Ministry of Petroleum Resources sometime in 2021 pending the hearing and determination of the substantive suit.
In the ground upon which the suit was brought, the plaintiff said proposal for the re-introduction of Cargo Tracking Scheme as a source of foreign exchange earnings for the government was approved by the President and Commander in Chief of the Armed Forces of the Federal Republic of Nigeria on the 4” day of May, 2021 for implementation of Advanced Cargo declaration/Cargo Tracking Note Scheme Regime to include Crude Oil for exportation.
The Plaintiff said after the approval, it engaged two technical partners, Messrs Vortexa Limited, UK, and OPE World Dubai UAE respectively.
The plaintiff said in the suit, “The Plaintiff/Applicant brought the Technical Partners from the United Kingdom (UK) and the United Arab Emirate (UAE) for the display of the Advanced Advanced Cargo declaration/Cargo Tracking Note Regime to the Government agencies of the Defendants/Respondents on the requests of the Defendants and after the display, the agencies of the Federal Government of Nigeria were Satisfied.
“Following the request by the 1st Defendant and some of its agencies particularly the 37 and 4th Defendants, the Plaintiff/Applicant embarked on the procurement of a portal wherein it was charged about $370,000 (Three Hundred and Seventy Thousand USD) and a deposit payment of $170,000 (One Hundred atid Sevettly Thousand USD) was made.
“The Plaintiff has expended over Three Million Dollars ($3,000,000.00) in the process of complying with the requirements F. A “No Objection” Certificate was to be issued by the bureau of Public Procurement (BPP) which is the final stage of the process but the Bureau for Public Procurement (BPP) in defiance of the Presidential approval of 4th May 2021 has failed/ neglected to issue the certificate.
“It is necessary for this Honourable Court to restrain the Defendants from engaging any other consultants to execute the Advanced Cargo declaration/Cargo Tracking Note Scheme.”
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