executed and not an Air Force Contract.
It is
pertinent to note that I insisted to include the clauses
in paragraph 2 which asked for acceptance of offer
from the contractors. (Knowing fully well). However,
there was no acceptance letter uptill date from the
contractor to the best of my knowledge which should
obviously nullity the contracts”
In the light of the above, it is clear as crystal that the PW1
distanced the NAF from any such contract with SEI Nigeria
Limited.
Now, the question to ask here is whether the contracts
under which the charge took root are invalid and
incapable of sustaining the counts therein.
In BPS CONSTR & ENGR. CO. LTD v FCDA (Supra) the Apex
court held inter alia: “that an offer is the expression by a
party of readiness to contract on the terms specified by
him, which, if accepted by the offeree give rise to a
binding contract. The offer matures to a contract where
the offeree signifies a clear and unequivocal intention to
accept the offer. According to PETER ODILI JSC at Page 48
– 49, Paras H, Paras A – B inter alia held “This court has
stated times without number that in order to decide
whether parties have reached agreement, it is usual to
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