CSOs ask AGF to intervene over court order on $62m malaria fund

On September 5, 2022, the Federal Government entered into an agreement with UNOPS for the implementation of the Immunisation Plus and Malaria Progress by Accelerating Coverage and Transforming Services, IMPACT, project.

The programme was designed to strengthen malaria prevention and elimination efforts through the procurement and distribution of Long-Lasting Insecticidal Nets, LLINs, Rapid Diagnostic Tests and anti-malaria drugs in Bayelsa, Edo, Enugu and Kogi states, as well as the Federal Capital Territory.

An initial $30 million was reportedly paid to UNOPS in September 2022 under the arrangement, which assigned the organisation advisory, implementation and procurement support responsibilities.

However, disagreements emerged over the procurement of mosquito nets, particularly the decision to open the process to international competitive bidding despite the Federal Government’s local-content policy and the identification of Nigerian manufacturers considered capable of executing the contract.

A technical assessment conducted by officials of the Federal Ministry of Health, the National Malaria Elimination Programme and other relevant stakeholders inspected manufacturing facilities in Lagos and Aba, Abia State, between October 10 and 20, 2022.

Following the assessment, Rosies Textile Mills Limited, Aba, was identified as the only company among the five inspected that met the requirements for local manufacturing of the insecticide-treated nets.

The assessment report recommended the company for local patronage in line with Executive Order 003, which prioritises locally manufactured goods in government procurement.

The report described the company as having the experience and production capacity to manufacture, finish and package the nets locally, with a daily production capacity of 165,000 nets and room for expansion. It also recommended that other local suppliers could obtain manufacturers’ authorisation from the company to participate in the procurement exercise.

Despite these recommendations, UNOPS subsequently cancelled the initial procurement process and announced plans to reopen the exercise through international competitive bidding.

In its communication to Rosies Textile Mills Limited, UNOPS explained that the technical requirements needed to be revised, adding that the procurement would be relaunched through international competitive bidding. This development triggered objections from the local manufacturer, which maintained that the move undermined the Federal Government’s local-content policy and the recommendations of the technical assessment.

The matter came before the Federal High Court, Abuja in a suit instituted by Rosies Textile Mills Limited against the President of the Federal Republic of Nigeria, the Attorney-General of the Federation, the Minister of Health, the Federal Ministry of Health and UNOPS.

The suit, marked FHC/UM/CS/79/2024, challenged the procurement process and the handling of funds allocated to the malaria project.

On July 2, 2025, Justice J. O. Abdulmalik issued orders directing the immediate transfer of $62 million and all accrued interest from UNOPS’ account with JP Morgan Chase into an interest-yielding account in the name of the Federal High Court, as designated by the Chief Registrar.

The court specifically directed the Minister of Health, the Federal Ministry of Health and UNOPS to comply with the order pending the hearing and determination of the substantive suit.

The court further ordered an immediate halt to the procurement process for the supply of Long-Lasting Insecticidal Nets through international competitive bidding or any other bidding method.

The coalition expressed concern that the court order has not been complied with.

The statement said, “We therefore call on the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, to urgently intervene and ensure that the Federal Government’s institutions respect and comply with the orders of the Federal High Court.

“As the chief law officer of the federation, the Attorney-General has a responsibility to uphold the rule of law and ensure that government officials do not undermine the authority of the courts. We specifically demand that:

“The Minister of Health and the Federal Ministry of Health immediately comply with the July 2, 2025, court order by transferring the $62 million and all accrued interest into the interest-yielding account designated by the Federal High Court.

“The Attorney-General of the Federation, Prince Lateef Fagbemi, SAN, urgently intervene and take appropriate legal steps to enforce the court’s directives and prevent further disregard for judicial authority.

“The Ministry of Health and UNOPS provide a comprehensive account of the $62 million, including accrued interest, the status of the funds, all related financial transactions and the legal basis for their continued retention, particularly in view of the reported expiration of their agreement.

“The allegations surrounding the proposed $40 million loan guarantee, the minister’s alleged business interests and the manufacturing capacity of companies being considered for the contract be independently investigated.

“The Federal Government protects local manufacturing by ensuring that qualified Nigerian companies are not unfairly excluded from the IMPACT project, in line with Executive Order 003. The project must promote domestic production, create jobs, conserve foreign exchange and strengthen Nigeria’s industrial capacity.

“The Federal Government demonstrates its commitment to justice, transparency and the rule of law by respecting the subsisting court orders and ensuring fair procurement processes. This is essential to protecting local investments and attracting foreign investors. Failure to act may compel the groups to mobilise for peaceful protests to demand accountability and compliance with the law.”