Court orders substituted service in National Theatre concession suit

The Federal High Court in Lagos has granted a prayer by Topwideapeas Ltd to serve some of the defendants in a suit on the National Theatre concession by substituted means.

The firm is challenging the nullification of its concession over the National Theatre complex in Iganmu.

The plaintiff said it voted $3.5billion for the project development before the contract was allegedly breached.

Topwideapeas, through its counsel Chijoke Okoli (SAN), is praying the court to declare the concession termination as unlawful.

National Theatre and the National Troupe of Nigeria Board, Infrastructure Concession Regulatory Commission (ICRC), Minister of Tourism, Culture and National Orientation; Attorney-General of the Federation (AGF), Central Bank of Nigeria, Access Bank of Nigeria Plc and its Group Managing Director Mr. Herbert Wigwe are the defendants.

The plaintiff wants the court to declare that it has a valid and binding contract on the concession of the fallow land surrounding the National Theatre Complex in terms of the updated draft Concession Agreement between it and the Federal government.

Topwideapeas is praying for an order of perpetual injunction stopping the defendants or their agents from interfering with its right as the concessionaire of the fallow land.

Justice Ayokunle Faji ordered the plaintiff to serve the writ of summons and statement of claim through courier service and by newspaper publication.

The court also ordered that hearing notice for an interlocutory injunction to restrain the defendants from interfering with the plaintiff’s rights as concessionaire of the fallow land adjoining the National Theatre should be served on the defendants.

Among the defendants to be served by substituted means are ICRC, the tourism minister, the AGF and the CBN.

Justice Faji gave the ruling after Okoli argued a motion ex-parte for substituted service on the defendants.

In its statement of claim, the plaintiff contends that based on the fact that the National Theatre had fallen on hard times, there was a consensus to outsource the management of the unutilised land in the premises to private sector operators.

It was for the building/development of large-scale hospitality and entertainment projects to facilitate the overall upgrade of the edifice and its environs.

The facilities were to include an eco-friendly, ultra-modern virtual city consisting of two five-star hotels, theme park, water park, an art arcade, office complexes, shopping malls, and a high-rise car park.

The concession also included an agreement for the plaintiff to fully refurbish and modernise the National Theatre Complex and hand it over to the first defendant as well as provide appropriate connections to the Lagos Light Rail Metro Blue Line.

“The plaintiff had gone to great lengths and at tremendous costs – in excess of N1billion – to win the concession; assembling a team of multi-disciplinary professionals from Nigeria and overseas, as well as renowned international joint venture partners towards building and managing the facilities at the site for which $3.5million had been earmarked for direct investment within a period of three years,” said Topwideapeas.

It is praying for an order directing the defendants to ensure prompt handover of the fallow land to it for the commencement of the projects planned under the concession agreement.

Topwideapeas is claiming N1 billion damages and N50 million as the cost of the suit.

Justice Faji adjourned until March 10, for the hearing of the substantive motion.