Court restrains NAPEP over new Keke contract  

A FEDERAL High Court, Lagos has restrained  the National Agency for Poverty Alleviation (NAPEP) from going ahead with its planned award of the contract for the fourth phase of the motorized three wheelers (tricycles) popularly known as Keke NAPEP.

Justice James  Tsoho, over the weekend, made the order consequent upon a suit instituted against NAPEP by a Lagos- based company Autobahn Techniques Limited, the alleged concept owner, initiator and till recently the supplier of the Keke NAPEP tricycles to the Federal Government.

In a motion ex–parte for an order of interim injunction argued on behalf of Autobahn by its lead counsel, Prof. Itse Sagay ( SAN), the claimants sought the following orders inter alia: a declaration that the claimants are entitled to the protection of their intellectual property, proprietary concept and trade mark in the Keke NAPEP programme.

It also sought a declaration that the congestion of ports in Nigeria in 2008 was an event over which the claimants had no control and an incident of force majeure and absolved the claimants of any liability for the breach of contract in those circumstances.

Furthermore, Autobahn asked the court for a declaration that the claimants were not liable to supply to the defendants the units of tricycles and spare parts in 54 containers which the customs department had auctioned as “overtime cargo” in spite of due notice to it as to the ownership of the goods.

The company asked for an order of interim injunction restraining the defendants, their agents, successors or privies as acting or purporting to act on behalf of the third defendant from publishing tenders for the purpose of awarding the Keke NAPEP contract to any other person other than the claimants as well as an order voiding any award of contract by the defendants for the supply of tricycles by any person corporate or incorporate except the claimants.

In his ruling, the judge granted an order of interim injunction against the defendant (NAPEP) and restrained it and its agents or servants from publishing tenders and awarding the Keke NAPEP contract to any person other than the claimant pending the hearing of the motion on notice for an order of interlocutory injunction against the defendant. The matter was adjourned to May 24, 2011 for the hearing of the motion on notice.