Maiden Electronics Works Ltd. V. Attorney-general Of The Federation (1974)

LawGlobal-Hub Lead Judgment Report

FATAYI-WILLIAMS, J.S.C. 

The defendants, an electronics and telecommunications Company, by letter dated 29th February, 1968, written as a follow-up to an earlier letter dated 22nd February, 1968, (Ex. 31) submitted to the Deputy Director, Department of Posts and Telecommunications, Ministry of Communications, Lagos, quotations in respect of multi-channel radio-telephone links which the Ministry proposed to install between Lagos and Calabar and between Ogoja and Calabar, and also in respect of a proposed low-power SSB point-to-point simplex radio telephone over the same paths. The contents of the letter (Ex. 8) read:

“We have the pleasure to refer to our enquiries of last month and submit as per attached QUOTATIONS Schedules our quotations in respect of the proposed multi-channel radio-telephone links between Lagos and Calabar or between Ogoja and Calabar and also in respect of the proposed low-power SSB point-to-point simplex radio-telephone over the same paths.

We wish to say that we have devoted much thought and consideration to your technical requirements both as related to costs and quality of equipment and we are satisfied that our selection of the various types of equipment is highly competitive, we therefore have no doubt that you will find each item of the Equipment and Systems offered very satisfactory.

We have endeavoured to quote for alternative SYSTEMS, in the hope that you will not fail to find one that will meet your specific requirements and specification.

We have also described each of the major equipment in some detail, on the attached schedule, under various headings.

Comprehensive technical performance specifications of each equipment offered are readily available in the descriptive leaflets contained in this folder.

We shall be quite happy to supply further information on any aspect of these quotations in anticipation that you will be disposed to grant us the opportunity to be of service to your Department.

We must explain that the c.i.f. prices quoted include only sea freight and insurance but do not include customs duty.

Yours truly,

(Sgd.) S.B. Obassa.”

Attached to the above letter are the quotations for each of the three systems referred to therein.As quotation in respect of the Ogoja-Calabar system (referred to as System 3) is not relevant to these proceedings, we shall say no more about this particular system. The cost of the items of equipment quoted as System 1 was 28,520:0:0d while the cost of System 2 which is quoted as an alternative to System 1 is 26,908:0:Od. In addition, the cost of the installation of either of these two Systems together with System 3, less transportation, was quoted as 1,350:0:Od. Incidentally, the above quotation for System 1 was also attached to the earlier letter dated 22nd February, 1968, which the defendants had also written to the Deputy Director.The Deputy Director replied by letter dated 30th May, 1968 (Ex. 1) to the earlier letter of 22nd February, 1968, as follows:

“Dear Sir,

HF Radio communication Equipment