A court has dismissed a suit over delayed health centers, backing Wale Edun’s legal objection.
The judge ruled that the plaintiffs lacked the legal right to challenge the multi-billion contract.
The Federal High Court in Abuja has struck out a suit challenging the delayed construction of over 500 healthcare centers across Nigeria’s 774 local government areas (LGAs), following a successful preliminary objection by the legal team of Finance Minister Wale Edun.
In a ruling delivered on July 24, 2025, Justice Mohammed Umar agreed that the plaintiff, two private citizens, lacked the locus standi (legal right) to challenge a ₦85.7 billion contract approved in 2007 by the Federal Executive Council (FEC) for the construction of the healthcare centers. The court held that the plaintiffs were third parties with no contractual ties or official authority to bring the matter to court.
The suit FHC/ABJ/CS/1797/2024 was filed by Onabe Wilfred Ewoh and Fayenengigha Israel Jacob, who claimed to be indigenes of Boki LGA in Cross River and Brass LGA in Bayelsa, respectively. They alleged that despite the multi-billion naira contract, no health centers had been built in their LGAs or many others.
They sought to halt any further deductions or payments related to the contract unless approved by elected LGA chairpersons. The plaintiffs also challenged the Registered Trustees of ALGON, who they argued had no authority to enter into the Public-Private Partnership (PPP) deal on behalf of all LGAs without consent from the elected local government leadership.
However, an affidavit from CBN staff member Nwabuko Catherine Omoh stated that 584 out of the proposed 774 health centers had already been completed, and that all LGAs were consulted before the deal was signed. She also noted that the plaintiffs were neither elected officials nor signatories to the contract.
Justice Umar ruled that the plaintiffs could not challenge a contract to which they were not parties and dismissed claims of “public interest litigation” as a legal shortcut.
“The Plaintiff cannot use the words ‘public interest litigation’ as a magic wand that automatically clothes them with locus standi,” the judge stated, describing the plaintiffs as “busybodies” in the context of the case.
The court emphasized that under Nigerian law, only parties to a contract can challenge its terms or enforcement. The ruling followed submissions from legal teams representing the Minister of Finance, Mathan Nigeria Ltd (contractor), and ALGON, all of whom urged the court to dismiss the case as lacking merit and proper legal standing.
The ₦85.7 billion healthcare initiative was initially approved by the Federal Executive Council in January 2007, under a PPP model championed by ALGON. It aimed to construct one primary healthcare center in each LGA to improve access to basic health services nationwide.
According to media reports from the time, then Minister of Information Frank Nweke Jr. confirmed that the initiative was approved on the basis of its potential impact on rural healthcare delivery.
The ruling reinforces a legal precedent: individuals without direct interest or participation in a contract cannot initiate litigation to challenge it. While the plaintiffs may appeal the decision, the judgment is a win for the Finance Ministry and may ease tensions surrounding delays in the healthcare project rollout.
However, public attention is likely to remain on the 190 health centers still outstanding, as the government faces growing pressure to deliver on the full promise of the 774-center initiative.
