Facts
The Appellant had engaged the services of the Respondent for the provision of scanning services infrastructure required for all in bound and out bound cargo as required by law in Nigeria. This service engagement was done through the Appellant’s Technical Committee on Comprehensive Import Supervision Scheme (CISS), which was set up for this purpose. The committee proceeded to execute a project mandate dated 16/02/2017 and a build, operate and own agreement dated 20/03/2017 with the Respondent on behalf of the Federal Government of Nigeria as the service provider/vendor for the enterprise screening platform for the inspection of all inbound and outbound cargo. In compliance with the applicable law, the Appellant sought and obtained a “letter of no objection” from the Bureau of Public Procurement regarding the contract. The Respondent set to work by expanding its capital, inclusive of borrowed capital running into millions of United States Dollar, to conclude extensive work on the project.
