SIXTEEN months after a Federal High Court in Abuja ordered the Federal Ministry of Health and the United Nations Office for Project Services (UNOPS) to transfer $62 million earmarked for malaria interventions into an interest-yielding account under the court’s control, questions are mounting over compliance with the order.
The order, issued on July 2, 2025, by Justice Joyce Abdulmalik, also directed the immediate suspension of the procurement process for Long-Lasting Insecticidal Nets (LLINs) pending the hearing and determination of a substantive suit instituted by Rosies Textile Mills Limited.
According to court documents made available to newsmen in Abuja over the weekend, the suit was filed against the President of the Federal Republic of Nigeria, the Attorney General of the Federation (AGF), the Minister of Health, the Federal Ministry of Health and UNOPS, which was listed as an agent of the ministry.
The dispute centres on the procurement of mosquito nets and other malaria commodities under the Immunisation Plus and Malaria Progress by Accelerating Coverage and Transforming Services (IMPACT) project.
In its ruling, the court directed the Minister of Health, the Federal Ministry of Health and UNOPS, to immediately transfer $62 million, including all accrued interest or any other amount standing to the credit of UNOPS in its account with JP Morgan Chase, to an interest-yielding account in the name of the Federal High Court, as designated by the Chief Registrar, pending the determination of the substantive suit.
The defendants were also ordered to deposit certified true copies of the relevant account documents with the court.
The controversy arose from disagreements over the procurement arrangements under the IMPACT project, which Nigeria entered into with UNOPS on September 5, 2022.
The programme was designed to strengthen malaria prevention and elimination through the acquisition and distribution of insecticidal nets in Bayelsa, Edo, Enugu and Kogi states, as well as the Federal Capital Territory (FCT).
An initial tranche of $30 million was reportedly paid to UNOPS in September, 2022. Under the agreement, UNOPS was engaged to provide advisory, implementation and transactional support in project management, infrastructure and procurement.
However, disagreements emerged over whether the organisation could proceed with international competitive bidding and engage foreign suppliers despite the Federal Government’s stated preference for locally manufactured products.
Documents obtained indicated that the Federal Government expected the procurement to support Nigerian manufacturers in line with its local-content policy and Executive Order 003, which prioritises locally manufactured goods in government procurement.
The position was reportedly supported by recommendations from the Federal Ministry of Health, the National Malaria Elimination Programme (NMEP), the World Bank and the IMPACT procurement consultant.
As part of efforts to establish local production capacity, an assessment team comprising officials of the Federal Ministry of Health, NMEP, the IMPACT procurement team and representatives of the offices of the Minister and Minister of State for Health inspected manufacturing facilities in Lagos between October 10 and 14, 2022, and Aba, Abia State, between October 18 and 20, 2022. The team reportedly inspected five companies but recommended only Rosies Textile Mills Limited for the project.
However, documents indicated that UNOPS subsequently moved towards international competitive bidding after cancelling an earlier procurement process.
The agency had initially opened bidding on June 2, 2022, inviting expressions of interest for the supply of locally manufactured mosquito nets that were to be produced and packaged in Nigeria and carry NAFDAC and World Health Organisation certifications.
The initial procurement schedule reportedly envisaged the conclusion of the process by December 6, 2022, with deliveries expected to commence on August 7, 2023.
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