The AGF filed the objection last November 3, urging the bcourt to make an order dismissing or striking out the suit for being statute barred.
The defendant said Bi-Courtney lacked the locus standi to prevent the federal government from rehabilitating or reconstructing the Lagos-Ibadan expressway which is a public infrastructure.
AGF stated that the plaintiff lacked reasonable cause of action that could sustain the reliefs sought, urging the court to hold that the defendant was not a juristic person.
Ruling on the AGF’s preliminary objection Justice Ibrahim Buba held that the objection lacked merit.
The court held that having carefully read all the processes filed as well as arguments of counsels, it was clear that the action was commenced to protect the “res” or reliefs in a sister case, numbered FHC/L/CS/103/13.
The court held that the suit could not be heard without making reference to the pending suit.
Justice Buba, accordingly, dismissed the preliminary objection and held that it was academic.
Bi-Courtney commenced court action in 2012 to redress the Federal Government’s purported termination of the Lagos-Ibadan Expressway project.
Bi-Courtney is contending that the purported concession granted to Motorways Limited through the Infrastructure Bank did not go through any due process.
It said it was never advertised in newspapers as the Infrastructure Concession Regulatory Commission Act expressly provides that concessions in Nigeria must be advertised in two national dailies.
The commission, the plaintiff said, must also issue a no-objection approval before the concession is taken to the Federal Executive Council for approval. None of these elementary steps were taken, Bi-Courtney said.
Justice Buba adjourned the matter till May 12, for hearing
