The Central Bank of Nigeria (CBN) has accused the Nigeria Governors Forum and other “interlopers” of delaying the N85 billion contract for the construction of 774 healthcare centers across Local Government Areas in Nigeria through their respective pending litigations.
CBN court documents (in suit number FHC/ABJ/CS/1797/2024) exclusively reviewed by Nairametrics show that about 584 healthcare centers have so far been constructed, while 190 remain outstanding due to what the apex bank described as a “series of litigations.”
The legal dispute arose from a contract in 2007, approved by the Federal Executive Council (FEC) at the time, for the construction of comprehensive primary healthcare centers in each of the 774 Local Governments and Area Councils in Nigeria.
Applicants’ Claims
The plaintiffs claim to be indigenes of Boki Local Government Area of Cross River State and Brass Local Government Area of Bayelsa State.
According to court documents, in September 2024, the leadership of the Registered Trustees of the Association of Local Government of Nigeria (4th Defendant in the case) entered into a contract for the construction of a health center in each of the 774 Local Government Areas and Area Councils within the Federal Republic of Nigeria for the total sum of N85,744,539,66.
The plaintiffs alleged that the elected chairpersons of the 774 Local Government Areas and Area Councils within the Federal Republic of Nigeria were not carried along in the project and that no such health care centers had been constructed in their respective LGAs.
In November 2024, two lawyers, Onabe Wilfred Ewoh and Fayenengigha Israel Jacob, sued the Minister of Finance, the Attorney General of the Federation, and the Governor of the CBN, alleging they lacked the lawful authority to authorize the CBN to deduct from the statutory allocations of Boki Local Government, Cross River State, Brass Local Government Area, Bayelsa State, and the 772 other Local Government Areas and Area Councils of the Federal Republic of Nigeria, the total sum of N85 billion without the consent of the democratically elected chairpersons of the Local Government Areas and Area Councils.
“An order of this Honourable Court restraining the 1st to 5th Defendants from further deducting the sum of N85,744,539.66, any other sum to be paid to the 5th Defendant without the consent of the democratically elected chairpersons of the Local Government Areas and Area Councils,” their relief partly reads.
The plaintiffs maintained that the registered trustees of ALGON at the time lacked the authority to act on behalf of Boki Local Government Area and the other 773 Local Government Areas and Area Councils of the Federal Republic of Nigeria without the consent of the elected leadership of the Local Government Areas and Area Councils.
CBN Counters
In an affidavit deposed to by Nwabuko Catherine Omoh, a staff member of the Banking Services Department of the CBN, it was stated that before the said contract was approved by the Federal Executive Council, each of the 774 Local Governments and Area Councils was consulted and they all gave their consent for the award of the contract for the construction of the health care centers in their respective local governments.
- The official stressed that none of the chairpersons of the 774 Local Governments and Area Councils in Nigeria objected to the construction of the primary healthcare centers in their respective local governments, nor did they object to the deduction of the money to fund the project from their monthly statutory allocations.
- The official added that the plaintiffs are not elected chairmen nor official representatives of any of the 774 Local Governments and Area Councils in Nigeria, nor are they parties to the contract which they seek to nullify by this suit.
The official explained in the processes dated April 3, 2025, that “a total of 584 healthcare centers have so far been constructed out of the proposed 774, leaving a balance of just 190 healthcare centers outstanding.”
“I also know as a fact that the remaining 190 healthcare centers would have been completed long ago if not for a series of litigations instituted by the Nigerian Governors Forum and other meddlesome interlopers like the plaintiffs in this suit,” the official added.
- The official highlighted that the pendency of this suit will continually deprive the remaining 190 local governments and area councils of Nigeria the opportunity to have their comprehensive primary health care centers, notwithstanding the fact that they have initially jointly contributed to the funds deployed in building the existing comprehensive primary health care centers in various locations in Nigeria.
The CBN lawyer, Tairu Adebayo, submitted that the plaintiffs have failed to establish their case with credible evidence as required by law.
- He prayed that the court dismiss the plaintiffs’ case with punitive costs for lacking the legal authority to commence the suit.
- Counsel for Mathan Nigeria Limited (6th Defendant), Wale Balogun SAN, urged the court to decline jurisdiction and strike out and/or dismiss the suit.
- The senior lawyer argued that the plaintiffs are not the duly elected chairmen, officials, or representatives of any Local Government Area (LGA) in Nigeria, particularly Brass LGA (Bayelsa State) and Boki LGA (Cross River State), which they claim to represent.
“The duly elected chairmen of both LGAs have filed affidavits before the court expressly denying the suit,” he added.
- The lawyer stated that the plaintiffs have not shown any personal harm, loss, or injury suffered as a result of the deductions for the construction of the Comprehensive Health Centres (CHCs) project for the LGAs.
- He argued that anyone without legal or financial interest in a matter cannot approach the court to challenge the affairs of another, purportedly complaining on the said third party’s behalf.
Nairametrics gathered that Justice Mohammed Umar of the Federal High Court has fixed July 3, 2025, for the hearing of all applications in this case.
Backstory
The Federal Executive Council (FEC) had in 2007 given conditional approval for the construction of N35 billion comprehensive healthcare centres in the 774 Local Government Areas in the country, AllAfrica reports.
- Minister of Information and Communications, Mr. Frank Nweke (Jnr), was said to have disclosed this while briefing the media after the council meeting on January 24, 2007.
- He was quoted as saying the construction of the health centres was an initiative of the Association of Local Governments of Nigeria (ALGON) on behalf of the local governments under a Public-Private Partnership (PPP).
What You Should Know
- While the instant litigation is pending, the establishment of Primary Healthcare Centres (PHCs) across Nigeria has been part of the plans of past governments, including the current administration of President Bola Tinubu.
- For instance, on April 23, 2025, the Federal Government announced the revitalization of over 901 Primary Healthcare Centres (PHCs) across Nigeria through the National Primary Health Care Development Agency (NPHCDA).
- In addition, the government said it plans to upgrade 2,701 more PHCs as part of efforts to ensure that each ward in the country has at least one fully functional health centre.
