Niyi Akingunola: Lagos-Calabar Coastal Highway Procurement Law Violation in Nigeria

• Niyi Akingunola, an ADC aspirant for the 2027 general elections, accused the Federal Government of violating procurement and appropriation laws over the alleged rerouting of the Lagos-Calabar Coastal Highway.
• The ADC aspirant stated that any project modification, including rerouting, requires fresh approvals from the Bureau of Public Procurement and the National Assembly.
• Minister of Works David Umahi cited difficult terrain and high construction costs as reasons for the rerouting, which Akingunola argued should have been identified earlier.
• Akingunola highlighted the significant economic benefits the coastal highway would bring to Ondo State, urging residents to protect their interests.
• The controversy underscores the need for strict compliance with the Public Procurement Act and Appropriation Act in large infrastructure projects in Nigeria.

This legal perspective highlights the stringent requirements lawyers advising government entities or contractors on large-scale public infrastructure projects in Nigeria must navigate, ensuring strict compliance with the Public Procurement Act and Appropriation Act, particularly when project scope, design, or cost changes are proposed.

Niyi Akingunola, the African Democratic Congress (ADC) aspirant for the Ondo East/Ondo West Federal Constituency in the upcoming 2027 general elections, has formally accused the Federal Government of Nigeria of significant breaches of the nation's procurement and appropriation laws. The core of the accusation centers on the alleged rerouting of the ambitious Lagos-Calabar Coastal Highway, specifically its deviation from previously planned segments within Ondo State. Akingunola, in a statement released on Monday, emphasized the critical need for the Minister of Works, David Umahi, to ensure strict adherence to all established legal and regulatory frameworks governing this substantial public infrastructure project.

The controversy stems from reports that the coastal highway's path has been altered, potentially bypassing areas of Ondo State that were initially included in the project's scope. This alleged modification has drawn sharp criticism from Akingunola, who argues that any changes to the approved route, design, or cost during the implementation phase of such a project necessitate obtaining fresh approvals from the relevant authorities. He highlighted that the original design for the Lagos-Calabar Coastal Highway had already undergone rigorous procurement procedures, including receiving a certificate of no objection from the Bureau of Public Procurement (BPP) and securing budget approval from the National Assembly.

Akingunola firmly asserted that it constitutes an "outright illegality" for a procuring entity to modify a project's design and cost during its execution without seeking renewed authorization from the National Assembly, the body that initially granted its approval. He underscored that for any project modification to be legally permissible, especially one of this magnitude concerning the Lagos-Calabar Coastal Highway, a comprehensive re-evaluation is required. This includes generating a new Bill of Engineering Measurement and Evaluation (BEME), conducting an updated Environmental Impact Assessment (EIA), and formulating revised cost estimates.

These updated documents, according to Akingunola, must then be submitted to the Bureau of Public Procurement (BPP) for review and subsequent transmission to the National Assembly for reappropriation. He warned that any deviation from this prescribed process represents a direct breach of both the Appropriation Act and existing procurement regulations in Nigeria. This legal perspective highlights the stringent requirements lawyers advising government entities or contractors on large-scale public infrastructure projects in Nigeria must navigate, ensuring strict compliance with the Public Procurement Act and Appropriation Act, particularly when project scope, design, or cost changes are proposed.

The ADC aspirant also challenged the explanation provided by Minister David Umahi regarding the rerouting. Umahi had cited difficult terrain, specifically areas with pits exceeding 100 meters in depth, as the reason for the alteration, claiming these would significantly escalate construction costs. Akingunola countered this by stating that such geographical challenges should have been thoroughly identified and accounted for during the initial feasibility studies and subsequently reflected in the project's engineering and cost documentation. He further pointed out that the Minister of Works, David Umahi, had indicated that President Bola Tinubu directed the highway's continuation from Ondo into Edo State to utilize the existing East-West Road rather than a new alignment, a decision Umahi defended based on engineering and cost considerations. President Bola Tinubu is the current President of Nigeria.

Beyond the legal and procedural concerns, Akingunola emphasized the potential economic benefits that the Lagos-Calabar Coastal Highway could bring to Ondo State. He articulated that the highway would significantly boost the state's economy through enhanced agriculture, improved food security, increased tourism, development of the blue economy, fostering industrial growth, and providing better access to ports and wider markets. Consequently, he urged the residents of Ondo State and their representatives in the National Assembly to demand adherence to the relevant laws and to actively work towards safeguarding the state's interests in the ongoing development of this critical national infrastructure project. Umahi, despite the controversy, maintains that the 750-kilometre coastal highway project has not been abandoned, with surveying and design work continuing on sections yet to commence major construction.

Lawyers advising government entities or contractors on large-scale public infrastructure projects in Nigeria must ensure strict compliance with the Public Procurement Act and Appropriation Act, particularly when project scope, design, or cost changes are proposed. Failure to obtain fresh approvals from relevant bodies like the BPP and National Assembly for such modifications can lead to legal challenges, as highlighted by this controversy, and expose parties to significant compliance risks.

Source: Original reporting via PUNCH