The Federal High Court Lagos on Monday dismissed the preliminary objection of the Nigerian government in the action filed by Bi-Courtney Limited to challenge the purported revocation of its leasehold interest on the hotel and conference centre at the Murtala Mohammed Airport (MM2).
With this ruling, Bi-Courtney says the revocation order of the Federal Government as announced by FAAN is illegal, null and void.
The issue of the current ownership of these properties is a subject of dispute between the concessionaire, Bi-Courtney and the Federal Government.
In two separate letters, dated 19 April 2012, the Federal Airports Authority of Nigeria (FAAN) had informed Bi-Courtney that the leases granted it in respect of the two projects had been terminated as a result of breaches committed by the company in the agreements it signed with FAAN on the two projects.
Bi-Courtney promptly went to court the challenge the revocation.
Presiding Justice Mohammed Idris has dismissed the preliminary objection filed by the Federal Government which contends that the court lacks jurisdiction to entertain the matter.
Though counsel to the Federal Government was not available for comments, Counsel to FAAN, Oremeyi Amune of the law firm of Kola Awodehin and co said the ruling was partly in its favour as the court has struck out FAAN as a party to the suit while its Managing Director is still listed as the third defendant.
The court has fixed hearing in the substantive suit for 5 June.
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