Indigenes of Oma-Eke Group in Udi Council Space of Enugu State have dragged the Everlasting Secretary, Ecological funds workplace, a contracting agency, Flab Engineering Companies Ltd, and others to courtroom over alledged non-execution of a 3.8 kilometre Ecological Fund Street Undertaking.
DAILY POST reviews that the venture valued at over 429 million naira was awarded by the Ecological Funds Workplace to test ravaging erosion menace within the space.
The go well with is coming after weeks of protest by members of the group.
Additionally joined as defendants within the case with go well with No FHC/EN/CS/ 59/2021, filed on the Federal Excessive Court docket Enugu, Division, by Counsel to the plaintiffs, Godwin Onwusi, (Esq), are the Lawyer Normal of the Federation, in addition to the consulting firm, Eco Undertaking Sevices restricted.
The Group is claiming virtually 290 million naira as damages for the alleged non-execution of the contract towards the first, 2nd and third Defendants, an quantity out of which the sum of 203, 626,804,43 million naira is alleged to be the price for the 1.8 kilometres of the highway that may have been carried out in Oma- Eke Group.
They hinted within the go well with that different monies that had been added to the almost 290 million naira, they’re asking for, included what they expended in making ready the invoice of portions/design for the highway which was used to use to the Ecological funds workplace for the approval of the venture, value of of the go well with, amongst different bills.
The six plaintiffs and indigenes of the world, specifically, Nze Christopher Onwumelu, Comrade Samuel Ifoh, Mr. Iruka Ejiofor, Mr. Festus Metta, Mr. Uwaechie Metta and Harold Ofordu, had approached the Court docket, in a consultant capability, by way of Barrister Onwusi, for themselves and on behalf of the group.
The group it will be recalled, had just lately staged a protest over strikes by the defendants to fee the mentioned highway venture awarded underneath Ecological Funds Initiatives, however was by no means executed.
They, nonetheless, puzzled how a highway venture can be commissioned earlier than building work even started, describing such act as “a monumental fraud that have to be resisted.”
The indignant indigenes who moved around the streets of the group to register their displeasure over the event, displayed placards, some with inscriptions comparable to: “EFCC WHERE ARE YOU”; ICPC WHERE ARE YOU” “CORRUPTION UNLIMITED” “PUBLIC PROCUREMENT ACT CRUCIFIED” and so on.
It was additionally gathered that the mentioned Ecological Fund Street Undertaking, which was secured underneath the workplace of the Secretary to the Federal Authorities, is but to begin, but a delegation from the Ecological Funds workplace was mentioned to be within the space to fee the venture, which was resisted by the folks.
Within the originating summons, the plaintiffs, posed 4 questions for dedication, which embrace: “whether or not in view of the letter of award, dated eighth, Might, 2019, and the general public procurement Act, 2007, the contract for Erosion management and highway enchancment works alongside 3.8 kilometre Enugu Eke- Ogui Eke, Eke market – Obodo Amankwo – Oma Eke highway venture, in Udi LGA, Enugu state awarded to the first defendant was executed to warrant fee to the first defendant”
The Group within the go well with awaiting listening to, filed on eleventh of March 2021, which doc was obtained by our Correspondent weekend in Enugu, equally needs the Court docket to find out “whether or not in view of the specific phrases as contained within the letter of award to the impact that the contract is mounted, agency and never transferable, and the Public Procurement Act 2007, the Everlasting Secretary, within the Ecological funds workplace, has the ability to divert, change or switch the location of the contract for Erosion management and highway enchancment works alongside the mentioned 3.8 kilometre highway awarded by the Tenders Board of the Ecological Funds Workplace.”
In accordance with the Plaintiffs, the defendants’ alleged negligence and breach of obligation of care by the non-execution of the contract has continued to value the Group extreme pains and untold hardship, together with lack of enormous amount of cash.
They’re additionally asking the Court docket to find out whether or not within the “circumstances of this case, the folks of Oma – Eke Group can sue for accidents, damages or losses suffered by the non – execution of the contract.”
The plaintiffs are equally praying the Court docket to make a declaration “that the three.8 kilometre highway as contained within the letter of award, dated eighth, Might 2019, was not accomplished by the first, defendant the place it was diverted to, as to warrant being paid for the contract, since, in accordance with them, the contractor did solely 2 kilometres the place they diverted the highway, leaving a stability of 1.8 kilometres.”
In addition they need the Court docket to make: “An order mandating the 4th defendant, the Lawyer Normal of the Federation, to see that the total weight of the legislation is introduced towards all these concerned in flouting the phrases of the contract and the Public Procurement Act.”
The Group defined that they determined to hunt authorized redress as a result of since 2019 when the highway was awarded and funded by the Federal Authorities, by means of the Ecological Fund Workplace, nothing has been carried out in these areas named within the contract award paper.
In the meantime, the matter has been mounted for 18th of Might 2021, for listening to.
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