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- Ibom Deep Sea Port Project (“IDSP”) is a Greenfield deep sea port project initiated by the Federal Government of Nigeria (“FGN”) and the Akwa Ibom State Government (“AKSG”). The IDSP, which is located within the boundaries of the Ibom Industrial City, is a Public/Private Partnership Programme to be managed by an entity described as the Project Development and Management Company (“PDMC”), and the PDMC will be jointly owned by the FGN, AKSG and private sector investors in the ratio of 20:20:60 respectively.
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- Paul Usoro & Co (“PUC”) is currently advising and representing the AKSG before the Akwa Ibom State High Court, and the Court of Appeal in respect of the dispute arising from the execution of the Consultancy Agreement appointing Felak Concept Limited as a Technical Consultant in IDSP. PUC, on behalf of AKSG, had approached the Court to enforce its right to execute the Ibom Deep Sea Port Project without let or hindrance howsoever from a purported stakeholder in the Project. PUC successfully obtained a protective injunction, and also defended an application which sought to challenge the State High Court’s jurisdiction to entertain the Suit. The Defendant was dissatisfied with the Ruling with regard to the challenge to the Court’s jurisdiction and same is currently a subject of an Appeal before the Calabar Division of the Court of Appeal.
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- The Akwa Ibom State Technical Committee on Ibom Deep Sea Port and Industrial City (the “TC”), a committee set up by the AKSG for the realization of the IDSP, and development of the Ibom Industrial City (the “Projects”), also engaged the services of PUC to provide ad-hoc legal support to the committee, periodically.
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- In furtherance of that, PUC in collaboration with another legal adviser, advised the TC on the following:
- The procurement processes of Akwa Ibom State for consultants/contractors/investors;
- With respect to the project, whether it is a regulatory requirement to obtain the approval of the Bureau for Public Procurement (BPP) for the appointment of consultants/contractors, and selective tendering process;
- At what point, and to what extent the Infrastructure Concession and Regulatory Commission will be involved in the Projects as prescribed by law; and
- The process for the establishment of a state owned public entity as the SPV in the proposed PDMC.
