Nigerian Flight Deck Travel and Business Reportage
One of the bidders for the concession of the Murtala Muhammed International Airport (MMIA), SIFAX Group of Companies Limited has approached a Federal High Court in Lagos to disqualify Tav Airports Holding Company and GMR Airport Limited stating that both firms owned by the same company, Airport De Paris (ADP) submitted separate bids for MMIA and were shortlisted for the next phase of the concession.
Sifax, in its submission to the court contended that this breached the “specific precept of the RFQ” (Request For Qualification) which states that no applicant is entitled to bid for any of the specific Assets twice under any guise or form.
The plaintiff sued the Attorney-General & Minister of Justice of Nigeria, the Federal Government of Nigeria and the Minister of Aviation, NAHCO Aviance Plc, the Infrastructure Concession Regulatory Commission( ICRC), Tav Airports Holding and GMR Airport as the 1st to 7th defendants. http://FG announces bidders for three of four international Airports.
The plaintiff said sometime in August 2021, the Federal Government, through the Minister of Aviation, decided to concession Murtala Muhammed International Airport and Cargo Terminals via a Public Private Partnership, PPP, arrangement on a Build/Rehabilitate Operate and Transfer (B/ROT) basis.
The Plaintiff noted that two consortium owned by ADP Airport De Paris submitted an expression of interest thus violating the documented strict rules of engagement in the bidding process. FG announces bidders for three of four international Airports
The matter has been assigned to Justice Ambrose Lewis-Allagoa . However, no fixed date has been announced yet but Nigerian FLIGHTDECK learnt that Federal Government is seeking an out of court settlement
Recall that in a letter dated November 3, 2021, addressed to the Minister, Sirika by Legal Luminary Chief Femi Falana (SAN), he advised the Minister to disqualify three firms, TAV Consortium, GMR Consortium and ADP for violating the requests for qualification (RFO) process.
According to him, two consortium owned by ADP Airport De Paris submitted expression of interest in a public notice published by the Ministry of Aviation in August 2021, but noted that the first consortium led by TAV Airport Holding, ADP owns 49 percent of its shares, while the second submission done by GMR Airports Limited, ADP also owns 46 percent of the company’s shares.
Falana emphasised that contrary to the misleading impression that both TAV and GMR were separate entities, a search on the internet by the law firm revealed that ADP owns 46 percent of GMR and 49 percent of TAV.
He insisted that section 2.2 of the RFQ states that ‘no applicant single or a consortium can be part of more than one bid,’ while section 2.2.3 further clarified that the eligibility ‘shall apply to an applicant and/or to the parties consisting of the applicant i.e. shareholders.’ Falana writes Sirika, ICRC seeks disqualification of TAV, GMR Consortium; ADP from concession
Falana warned that the failure of the Ministry of Aviation to act appropriately on the matter may lead to litigation against the Federal Government.
October 27, Federal Government through the Minister of Aviation Hadi Sirika announced the emergence of preferred and reserve bidders for three out of four Airport and Cargo Terminals as approved for concession after the Request for Proposals, RFP, phase of the Nigeria Airports Concession Programme, NACP.
Sirika had said that the Request for Proposals (RFP) phase of the Nigeria Airports Concession Programme (NACP), which came to a close on the 19” of September 2022 has seen the emergence of preferred and reserve bidders for three (3) out of four (4) Airports and Cargo Terminals as approved for concession under the programme.
Announcing,“The preferred bidder for the Nnamdi Azikiwe International Airport (NAIA), Abuja, is Corporation America Airports Consortium. ENL Consortium has also been selected as the reserve bidder for NAIA.”He further disclosed that “The preferred bidder for Murtala Muhammed International Airport (MMIA), Lagos, is TAV/NAHCO/PROJECT PLANET LIMITED(PPL) Consortium. Sifax/Changi Consortium has also been selected as the reserve bidder for MMIA.
