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Talks aimed at resolving the dispute between Ethiope Energy Limited and the Bureau of Public Enterprises (BPE) over the bid process for three National Integrated Power Plants (NIPPs) have collapsed. The affected power stations are Alaoji, Omoku and Gbarain. Yesterday, counsel to Ethiope Energy Limited, Bello Abu, told Justice Abdul Kafarati of the Federal High Court, Abuja that the parties were unable to reach an amicable settlement of the issues in dispute.
The matter was adjourned until yesterday for a report on how the matter had been resolved.
Abu consequently asked the court for a date to set the suit down for hearing and dispose of all pending applications.
Professor Taiwo Osipitan, (SAN) who represented BPE and the National Council on Privatisation (NCP), confirmed that talks between the parties had collapsed. He therefore asked for a short date to enable him argue his application seeking to set aside the service of process on his clients and to discharge the interim order issued by the court against his clients.
Counsel to the Niger Delta Power Holding Company Limited (NDPHC) Mr. Mathew Echo, also confirmed that talks had collapsed.
He told the court that he had filed a preliminary objection and application for stay of execution of the interim order.
The court had on March 17, at the instance of Ethiope Energy stopped the BPE from going ahead with the bid process for the three NIPPs currently undergoing privatisation.
After the order was granted, the parties informed the court of their desire to settle the matter out of court. Until yesterday, there were hopes that the parties would agree.
Meanwhile, (NDPHC) has filed an appeal at the Court of Appeal in Abuja seeking to set aside the interim order of March 17, which stopped BPE from going ahead with the privatisation of the three power stations in dispute.
In a notice of appeal filed by Dr. Fabian Ajogwu (SAN), the company said Justice Kafarati erred in law when he granted the interim order.
However, Yellowstone Electric Power Limited has dragged the Vice-President Namadi Sambo, the National Council on Privatisation (NCP), NDPHC and Seoul Electric Power Limited before the Federal High Court in Abuja.
The plaintiff wants the court to determine whether by the 1st to 3rd defendants have the power under the privatisation rules and guidelines and the proposal for request to extend the deadline for the preferred bidder to post the preferred bidder’s bank guarantee for Geregu Generation Company Limited beyond April 14, 2014.
It also wants the court to determine whether by the 1st to 3rd defendants are not under a legal obligation to designate the it as the preferred bidder for Geregu Generation Company Limited since the 4th defendant has failed to post its bank guarantee for Geregu Generation Company Limited before April 14.
Yellowstone Electric Power wants the court to declare that that the 4th defendant, Seoul Electric Power, had failed to comply with the requirements for a preferred bidder as set forth in the Request for Proposal (RFP) for The Sale of Shares in Ten Gas-fired Generation Companies Developed under National Integrated Power Project (NIPP) dated August 19, 2013 and the Privatization Rules and Guidelines having failed to post the preferred bidder’s bank guarantee for Geregu Generation Company Limited on or before April 14.
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