“Govt Institutions Must Respect Court Orders” — CSOs Ask AGF Fagbemi To Enforce Federal High Court Order On $62m Malaria Fund

A coalition of civil society organisations (CSOs) has called on the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, to urgently intervene over the alleged failure of the Federal Ministry of Health and the United Nations Office for Project Services (UNOPS) to comply with a Federal High Court order directing the transfer of $62 million and accrued interest into a court-designated account.

The coalition expressed concern that more than 16 months after the Federal High Court in Abuja issued the order on July 2, 2025, the funds allegedly remain outside the custody of the court despite the subsisting judicial directives.

The organisations, comprising the National Justice Movement, Legal and Justice Movement, Citizens Movement Against Corruption and Justice Aid, made the demand in a joint statement issued on Monday, November 9, 2026.

The statement was signed by Nathaniel Odobi, National Coordinator of the National Justice Movement, and Yari Ahmed, Executive Director of the Legal and Justice Movement.

The groups argued that the alleged failure to comply with the court’s order raised serious concerns about respect for judicial authority, accountability in public procurement and the Federal Government’s commitment to the rule of law.

“This situation raises serious questions about respect for judicial authority, accountability in public procurement and the Federal Government’s commitment to the rule of law,” the coalition stated.

“We consider it unacceptable that public funds tied to a critical national health programme should remain subject to an arrangement that has become the subject of litigation, particularly when a competent court has issued specific directives on their custody,” the groups added.

The controversy arose from a procurement arrangement under the Immunisation Plus and Malaria Progress by Accelerating Coverage and Transforming Services (IMPACT) project, established to strengthen malaria prevention and elimination efforts in Nigeria.

On September 5, 2022, the Federal Government entered into an agreement with UNOPS for the implementation of the project, which involved the procurement and distribution of Long-Lasting Insecticidal Nets (LLINs), Rapid Diagnostic Tests and anti-malaria drugs.

The programme was designed to cover Bayelsa, Edo, Enugu and Kogi states, as well as the Federal Capital Territory.

Under the arrangement, UNOPS was assigned advisory, implementation and procurement support responsibilities, while an initial payment of $30 million was said to have been made to the organisation in September 2022.

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

As part of the procurement process, officials of the Federal Ministry of Health, the National Malaria Elimination Programme and other relevant stakeholders conducted a technical assessment of manufacturing facilities in Lagos and Aba, Abia State, between October 10 and 20, 2022.

Following the inspection of five companies, Rosies Textile Mills Limited, based in Aba, was identified as the only manufacturer that met the requirements for local production of the insecticide-treated nets.

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

According to the report, Rosies Textile Mills Limited possessed the necessary experience and production facilities to manufacture, finish and package the nets locally, with an estimated daily production capacity of 165,000 nets and potential for expansion.

The assessment also recommended that other local suppliers could participate in the procurement exercise by obtaining manufacturers’ authorisation from the company.

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 and that the procurement process would be relaunched internationally.

The decision drew objections from the Nigerian manufacturer, which argued that the move undermined the Federal Government’s local-content policy and disregarded the recommendations of the technical assessment.

The disagreement eventually resulted in litigation before the Federal High Court 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 prevention project.

On July 2, 2025, Justice J. O. Abdulmalik issued orders directing the immediate transfer of $62 million and all accrued interest from the 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.

Justice Abdulmalik also ordered an immediate halt to the procurement process for the supply of Long-Lasting Insecticidal Nets, whether through international competitive bidding or any other bidding method.

However, the civil society coalition alleged that the court’s directives had yet to be implemented, prompting its appeal to the Attorney-General of the Federation to take steps to ensure compliance.

The coalition maintained that Fagbemi, as the chief law officer of the federation, had a responsibility to uphold the rule of law and ensure that government institutions and officials did not undermine the authority of the judiciary.

“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,” the coalition stated.

“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.”

The groups specifically demanded that the Minister of Health and the Federal Ministry of Health immediately comply with the July 2, 2025, order by facilitating the transfer of the $62 million and accrued interest into the designated interest-yielding account.

They also urged Fagbemi to take appropriate legal steps to enforce the court’s directives and prevent further disregard for judicial authority.

Beyond the alleged non-compliance, the coalition demanded a comprehensive account of the funds from the Federal Ministry of Health and UNOPS.

The groups insisted that the two institutions should disclose the current status of the $62 million, all accrued interest, related financial transactions and the legal basis for the continued retention of the funds, particularly in view of the reported expiration of their agreement.

The coalition further called for an independent investigation into allegations surrounding a proposed $40 million loan guarantee, the Minister of Health’s alleged business interests and the manufacturing capacity of companies being considered for the mosquito-net procurement contract.

The groups did not present these allegations as established findings but demanded an independent investigation to determine the facts.

They also urged the Federal Government to ensure that qualified Nigerian manufacturers were not unfairly excluded from the IMPACT project.

According to the coalition, compliance with Executive Order 003 would promote local manufacturing, create employment opportunities, conserve foreign exchange and strengthen Nigeria’s industrial capacity.

The organisations argued that the procurement process should reflect the Federal Government’s commitment to supporting domestic production, particularly where Nigerian companies had been assessed and found capable of meeting the technical requirements.

They further maintained that compliance with subsisting court orders and transparent procurement procedures was necessary to protect local investments and sustain investor confidence.

“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,” the coalition stated.

The groups warned that failure to address their concerns could compel them to mobilise peaceful protests to demand accountability and compliance with the law.

“Failure to act may compel the groups to mobilise for peaceful protests to demand accountability and compliance with the law,” they warned.

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