A Memorandum of Understanding (MOU), recently signed between the Lagos State Government and ENL NOVAL has suffered a massive setback.
This is as lawmakers in the Lagos State House of Assembly on Tuesday, Aprils 5, ordered its suspension.
The lawmakers hinged their decision on the fact that the MOU did not follow due process.
The Ministry of Physical Planning and Urban Development and the office of the Public Private Partnership (PPP), signed the MOU on behalf of the Lagos State government with the aim that ENL NOVAL will use the Electronic Physical Planning Processing System (EPPPS) to bring about positive change for land administration in the State.
According to documents signed by the parties, ENL-NOVA Ltd is expected to design, develop and deploy a sustainable One-Stop process through the EPPPS towards achieving holistic full automation of physical planning processes in tandem with THEMES agenda of the Governor Babajide Sanwo-Olu administration in Lagos State.
The contract was signed by the Special Adviser to Governor Babajide Sanwo-Olu on e-GIS and Planning Matters, Dr. Olajide Babatunde; Permanent Secretary of Ministry of Physical Planning and Urban Development, Engr. Oluwole Sotire and Deputy CEO of ENL-NOVA Ltd, Peter Afam.
Summoning the Commissioner for Physical Planning and Urban Development, Omotayo Bamgbose Martins, Special Adviser on Public Private Partnership, Ope George, the lawmakers also invited the representatives of ENL NOVAL, as they try to unravel why the widely celebrated contract was not done in accordance with the provisions of the law and due process.
The Chairman of the Committee on Physical Planning and Urban Development, Hon. Nureni Akinsanya, who objected to the MOU on the floor of the house under ‘Matters of Urgent Public Importance’ cited Section 26 of the PPP Law, which he said was not followed.
“The trend of not passing through the House in PPP agreements needs to be stopped and discouraged and the law of this State, as passed by the Lagos State House of Assembly, must be duly complied with and enforced,” he said at a sitting presided by Deputy Speaker Wasiu Eshilokun-Sanni, who stood in for Speaker Mudashiru Obasa.
Reacting to the abuse of law and due process, Hon. Sa’ad Olumoh who chairs the committee on Public Private Partnership at the House, noted that the committee on PPP was created by the Speaker Obasa to look into all the private partnership agreements entered into in the State.
“I observed in the course of our meetings with the Special Adviser in charge of PPP that a lot of MDAs have not met up with the due process as it involves PPP agreement.
“Section 8, 9 and 10 are very clear and the House of Assembly is not a rubber stamp. Due process must be followed and agreements should be ratified by the House of Assembly. We need to protect the interest of the State Government as well as that of private investors.”
On his part, Hon. Rotimi Olowo said there was need to determine the financial implications of such contract.
Hon. Temitope Adewale, Chairman of the House Committee on Transportation, noted that ratification of such agreements by the House is in the interest of people and the State because of “unforeseen circumstances that could lead to litigation.
“PPP is a brilliant idea; laws made to direct the process need to be followed.
“Contracts been signed and not brought before the house for ratification is a flagrant disregard for the rule of law,” he said.
Chairman, House Committee on Works, Hon. Abiodun Tobun, noted that the House of Assembly enacted laws to guide procedures and the laws were assented to by the Governor.
“It is wrong for government to enter into partnership with private organisations without recourse to the legislative House. It is an aberration,” he said.
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