Femi Falana’s legal firm, Falana Chambers, has given the Ogun/Oshun River Basin Development Authority (ORBDA) a seven-day ultimatum to withdraw a termination letter issued to Samkay Engineering Co. Limited, a company that was awarded a contract for flood and erosion control work in Ogun State.
The letter, dated November 13, 2024, has sparked outrage and legal concerns, as the firm claims it was wrongfully denied the opportunity to begin work on the project despite fulfilling all necessary requirements.
In a pre-action notice issued on November 27, 2024, Falana Chambers warned ORBDA that failure to retract the termination letter within seven days would lead to legal action against the authority. The notice also stated that the firm would petition both the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) to investigate the authority’s handling of contracts.
“We demand the immediate withdrawal of your letter dated the 13th of November 2024 terminating the contract,” Falana Chambers wrote. “If after seven days of receiving this letter, you fail or refuse to comply, we will be forced to take legal action, including petitions to the EFCC and ICPC to investigate the entire contract awarding process under your watch.”
The dispute centers around a contract awarded to Samkay Engineering Co. Limited for flood and erosion control work, including asphalt repairs at GRA Ijebu-Ode in Ogun State. The company had tendered for the contract, which was advertised in the Tender Journal in April 2024. After a successful evaluation, Samkay Engineering was invited to a financial bid opening on July 8, 2024, and was later awarded the contract.
However, according to the legal firm, the company faced significant delays in starting the project. Despite several attempts by Samkay Engineering to begin work, including submitting an advance payment guarantee and requesting site access, the Ogun/Oshun River Basin Authority failed to hand over the site for construction.
On July 19, 2024, Samkay Engineering’s managing director was asked to meet with the authority’s management. Upon arriving in Abeokuta, he was informed that he would be one of several contractors involved in a meeting, which was delayed by over three hours. Despite the delays, the contract was awarded, albeit with certain conditions that were not immediately disclosed.
Following the award, the company requested site access to begin the work, but the authority continued to procrastinate. In November 2024, after Samkay Engineering sent another formal request for site access, the company was shocked to receive the termination letter, which claimed that the contract had expired due to the passage of time.
“It is highly embarrassing that the termination letter was issued after several requests for site access, both written and verbal,” said Falana Chambers. “Our client has met all the necessary requirements, and it is unacceptable for the Ogun/Oshun River Basin Development Authority to terminate the contract in such a manner.”
The legal firm emphasized that Samkay Engineering had fulfilled its part of the agreement by submitting an advance payment guarantee to the authority, as instructed by the management. Yet, despite these efforts, the company was left unable to commence the project due to the authority’s failure to provide the required site access.
“The authority’s actions are both frustrating and unjust,” said Taiwo E. Olawanle, the lawyer who signed the notice. “Our client was ready to begin work, but the authority kept delaying the process. It is only fair that the termination letter be withdrawn, and our client be allowed to proceed with the project without further hindrance.”
Falana Chambers has made it clear that if the Ogun/Oshun River Basin Development Authority fails to respond within the given time frame, legal action will follow. The firm’s proposed legal action would seek to hold the authority accountable for the mismanagement of the contract and its failure to uphold the terms of the agreement.
“We are prepared to take this case to court, and we will not hesitate to call on the relevant authorities to investigate the Ogun/Oshun River Basin Development Authority,” said Olawanle. “This is not just about one contract; it is about ensuring that government agencies are held accountable for their actions and that contractors are treated fairly.”
The dispute highlights ongoing concerns about the transparency and accountability of government contract awarding processes in Nigeria. Allegations of corruption and mismanagement in government agencies continue to plague the country’s development projects, and this latest case may be a significant opportunity to shine a light on such issues.
As the deadline for ORBDA’s response approaches, all eyes will be on the authority to see if it will comply with the demands set out by Falana Chambers. Should the Ogun/Oshun River Basin Development Authority fail to act, the case could become another high-profile example of the ongoing struggle for accountability in Nigeria’s public sector.
Falana Chambers has made it clear that it is prepared to pursue all legal avenues to ensure that Samkay Engineering Co. Limited is able to begin the work it was awarded, and that the Ogun/Oshun River Basin Development Authority is held to account for its actions.
