The Federal Ministry of Health and the United Nations Office for Project Services (UNOPS) are facing questions over their compliance with a Federal High Court order directing the immediate transfer of $62 million and accrued interest held in a United States bank account into an interest-yielding account designated by the court.
The order, issued on July 2, 2025, by Justice J. O. Abdulmalik of the Federal High Court, Abuja, also directed the suspension of the procurement process for the supply of Long-Lasting Insecticidal Nets (LLINs) pending the hearing and determination of a substantive suit instituted by Rosies Textile Mills Limited.
The suit, marked FHC/UM/CS/79/2024, was filed 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, which was listed as an agent of the Federal Ministry of Health.
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, a programme designed to support malaria elimination efforts in Nigeria while encouraging local manufacturing capacity.
In its ruling, the court specifically directed the third, fourth and fifth defendants, comprising the Minister of Health, Federal Ministry of Health and UNOPS, to transfer immediately the sum of $62 million, including all accrued interest or any other amount standing to the credit of UNOPS in its account with JP Morgan Chase.
The court identified the account as United Nations Office for Project Services (UNOPS) Account No. 32346017, with SWIFT Code CHASUS33, and specified that the funds related to the acquisition of Long-Lasting Insecticidal Nets, Rapid Diagnostic Tests and Anti-Malaria Drugs.
It ordered that the money be transferred into 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 order followed an application by Rosies Textile Mills Limited, which alleged that UNOPS was attempting to undermine the Federal Government’s local-content policy by opening the procurement process to foreign manufacturers despite the identification of qualified Nigerian companies.
The company’s counsel, Bob C. Ogu, appeared on the instructions of M. A. Ebute, SAN, holding the brief of Dr. Oguw James Onoja, SAN, while Odamu Chizoba, Esq., represented the third and fourth defendants and opposed the application.
The court also ordered that the procurement process initiated by UNOPS for the supply of the insecticide-treated nets through International Competitive Bidding or any other bidding method be halted forthwith.
Background To The $62m Malaria Project
The controversy dates back to Nigeria’s agreement with UNOPS on September 5, 2022, for the implementation of the IMPACT project, which was designed to support malaria prevention and elimination through the acquisition and distribution of long-lasting insecticidal nets in Bayelsa, Edo, Enugu and Kogi states, as well as the Federal Capital Territory.
The agreement provided for the implementation period, with an initial tranche of $30 million paid to UNOPS in September 2022.
Under the arrangement, UNOPS was engaged to provide advisory, implementation and transactional support services in sustainable project management, infrastructure and procurement.
The Federal Government, according to the agreement, described UNOPS as a central resource for the United Nations system in procurement, contract management and capacity development activities, with the responsibility of providing efficient and cost-effective services to its partners.
However, the dispute arose over the agency’s interpretation of its procurement responsibilities, particularly whether it could proceed with international competitive bidding and engage foreign suppliers to provide the mosquito nets.
Documents obtained indicated that the Federal Government expected the project to patronise local manufacturers in line with the country’s local-content policy and Executive Order 003, which prioritises locally manufactured goods in government procurement.
The position was also supported by recommendations from the Federal Ministry of Health, the National Malaria Elimination Programme (NMEP), the World Bank and the IMPACT procurement consultant.
Local Manufacturers Identified For The Project
As part of efforts to establish the capacity of Nigerian manufacturers to supply the mosquito nets, a 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, among others, visited manufacturing facilities across the country.
The assessment team visited Lagos between October 10 and 14, 2022, and Aba, Abia State, between October 18 and 20, 2022, to inspect the production facilities and verify the capacity of local manufacturers.
According to the assessment report, only one of the five companies inspected was recommended for the project.
The team recommended Rosies Textile Mills Limited, Aba, Abia State, describing it as a company with the experience and capacity to manufacture, finish and package Long-Lasting Insecticidal Nets locally.
The report stated that the company had a history of timely execution of large quantities of mosquito nets and possessed the capacity to manufacture 165,000 nets daily, with the potential to increase production.
It consequently recommended that the company “should be considered for local patronage pursuant to Executive Order (EO 003).”
The assessment team further recommended that other local suppliers could obtain manufacturers’ authorisation from Rosies Textile Mills Limited to qualify for participation in the procurement exercise, describing the company as the only identified local WHO-approved and NAFDAC-registered LLIN manufacturer.
The Federal Ministry of Industry, Trade and Investment had also written to the Ministry of Health, identifying available local manufacturers of Long-Lasting Insecticidal Nets.
Despite the recommendations, documents indicated that UNOPS subsequently moved towards international competitive bidding, a development that triggered objections from the local manufacturer.
UNOPS Cancels Initial Bidding, Opens International Tender
According to the documents, UNOPS initially opened a bidding process on June 2, 2022, inviting expressions of interest for the supply of locally manufactured long-lasting insecticidal mosquito nets.
The agency specified that the nets must be produced and packaged in Nigeria and carry both NAFDAC and World Health Organisation certifications.
It also indicated that the procurement process would be concluded by December 6, 2022, with deliveries expected to commence on August 7, 2023, for distribution across the five beneficiary locations.
However, the process subsequently took a different direction when UNOPS cancelled the initial bidding and announced a fresh procurement exercise.
In a publication dated February 6, 2023, the agency invited vendors to visit its website to participate in a new bidding process, which it said had been uploaded on February 3 and would close on February 20, 2023.
The decision reportedly came without prior notification to the Federal Government, contrary to the position of the local manufacturer regarding the terms of the agreement.
In a communication to Rosies Textile Mills Limited explaining the cancellation, UNOPS said there was a need to revise the technical requirements for the procurement.
The agency stated: “There’s the need to change and revise the technical requirements.”
It further informed the company: “We intend to relaunch this procurement very soon through international competitive bidding so you are encouraged to kindly monitor the UNGM for the new tender.”
The proposed international bidding became a major point of disagreement, with Rosies Textile Mills Limited maintaining that the move contradicted the Federal Government’s directive to patronise qualified local manufacturers.
The company subsequently approached the Federal High Court, seeking judicial intervention over the procurement process and the funds allocated to the project.
What The Court Ordered
In its July 2, 2025 ruling, Justice Abdulmalik granted orders directing the suspension of the procurement exercise and the immediate transfer of the $62 million and accrued interest into an interest-yielding account under the control of the Federal High Court.
The court specifically stated: “THAT the procurement process by the 5th Defendant/Respondent for the supply of Long Lasting Insecticidal Nets by the 5th Defendant/Respondent using International Competitive Bidding or any other form of Bidding SHALL BE HALTED FORTHWITH pending the hearing and determination of the substantive suit.”
On the funds, the court ordered: “THAT the Defendants/Respondents particularly the 3rd, 4th and 5th Defendants/Respondents SHALL TRANSFER IMMEDIATELY the sum of USD 62,000,000.00 (sixty two million United States Dollars) and all accrued interests there from or any sum standing to the credit of the 5th Defendant in JP Morgan Chase, United Nations Office for Project Services (UNOPS) Account No. 32346017, with Swift Code CHASUS33 quoting reference AFR/GHOH/GHANA 23260, Acquisition of Long Lasting Insecticidal Nets, Rapid Diagnostic Tests, and Anti-Malaria Drugs into AN INTEREST YIELDING ACCOUNT IN THE NAME OF THE FEDERAL HIGH COURT AS DESIGNATED BY THE CHIEF REGISTRAR OF THE FEDERAL HIGH COURT pending the hearing and determination of this suit.”
The court further directed the third, fourth and fifth defendants to produce and deposit with the Chief Registrar of the Federal High Court certified true copies of the relevant UNOPS account documents.
The order stated: “THAT the 3rd, 4th & 5th Defendants SHALL produce and deposit with the Chief Registrar of the Federal High Court the certified true copies of the \[relevant account documents\] Services (UNOPS) Account No. 32346017, with Swift Code CHASUS33 quoting reference AFR/GHOH/GHANA 23260, Acquisition of Long Lasting Insecticidal Nets, Rapid Diagnostic Tests, and Anti-Malaria Drugs.”
The court also directed Rosies Textile Mills Limited to undertake to pay damages if the substantive suit was eventually found to be frivolous.
The health ministry and UNOPS were not available for comments.
