Three bidders for the proposed concession of the four major airports in Nigeria, TAV Consortium, GMR Consortium, and Airport De Paris (ADP) may lose out in the bid if the recent letter written by Falana and Falana Chambers is anything to by.
Mr. Femi Falana in a letter dated November 3, 2021 to the Minister of Aviation, Hadi Sirika and the Director General, Infrastructure, Concession and Regulatory Commission, ICRC wants the 3 bidders disqualified for violating the Infrastructure Concession Regulatory Commission (Est.) Act 2005 and The National Policy on Public-Private Partnership (N4P).
The title, “Request To Disqualify TAV Consortium, GMR Consortium, and ADP”, say, “Our attention has been drawn to the public notice published by the Ministry of Aviation sometime in August 2021 wherein Requests for Qualification (RFO) 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).”
“We are a firm of Legal Practitioners dedicated to the defense 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 (RFO) 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).”
The letter says, they have confirmed that two consortia owned by ADP submitted an expression of interest and that, the first consortium led by TAV Airport Holding, ADP owns 49% and the Second submission done by GMR Airports Limited, ADP owns 46%.
“Contrary to the misleading impression that both TAV and GMR are separate entities, he said a search on the Internet has revealed that ADP owns 46% of GMR and 49% of TAV”.
“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”.
“Having contravened the Requests for Qualification (RFO) 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 the 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.”.
