A Federal High Court sitting in Lagos has ordered commercial banks to place a Post No Debit restriction on accounts operated by the Osun State Government over a $13.9m arbitration award in favour of Gamji Nigeria Company Limited.
The interim order was issued by Justice D.E. Osiagor, following an application filed by Gamji through its counsel, Yunus AbdulSalam, SAN, in a suit marked FHC/L/CS/1233/2026.
The company is seeking to preserve $13,924,343.32 and N157.5m awarded to it after arbitration proceedings arising from water infrastructure projects in Ilesa West Local Government Area of Osun State.
Financial institutions affected by the order include Guaranty Trust Bank, Access Bank, First Bank, Zenith Bank, United Bank for Africa, Ecobank, Fidelity Bank, Stanbic IBTC, Sterling Bank, Union Bank and Wema Bank, among others.
According to an affidavit filed in support of the motion, the dispute arose from two contracts awarded to Gamji by the Osun State Government in June 2017 for water infrastructure works.
The projects involved the construction of transmission mains and booster pump stations under Slot 1, and water reservoirs under Slot 2, as part of a water supply and sanitation project in Ilesa West.
Gamji explained that the projects were funded through an Islamic Development Bank loan facility facilitated by the Federal Ministry of Finance.
The company noted that the original contract values were $15.98m for Slot 1 and $9.70m for Slot 2.
It claimed that engineering design alterations and scope variations caused delays, leading to cost revisions which raised Slot 1 and Slot 2 to $20.24m and $10.95m respectively.
The company further claimed that 93 per cent of the contract had been completed by October 2023, with the state government issuing a Substantial Completion Certificate on November 14, 2024.
However, disagreements subsequently arose over claims for extension of time, price adjustments and escalated costs of materials and labour.
Gamji stated that the state government rejected its claims, prompting failed mediation attempts and the eventual issuance of an arbitration notice on April 3, 2025.
It added that the state government accepted the process and nominated its arbitrator, leading to preliminary proceedings in Lagos on May 15, 2025.
The arbitral panel issued its final award on July 24, 2026, directing the Osun State Government to pay $13,924,343.32 and N157.5m as reimbursable arbitration fees.
The panel also awarded 20 per cent annual interest on any outstanding balance after the compliance period expired.
Gamji stated that the compliance deadline lapsed on August 24, 2026, without payment, prompting its court application.
Ruling on the application, Justice Osiagor directed the listed banks to place a restriction on the state government’s accounts immediately.
The judge ordered the preservation of funds up to $13,924,343.32 and N157.5m towards liquidation of the award, pending determination of the motion on notice.
“A preservation order of interim injunction is granted directing the cited financial institutions in Nigeria to immediately place a Post No Debit restriction on the Respondent’s account domiciled with them for the preservation of the funds with them in the sum of $13,924,343.32 and N157,500,000.00 towards the liquidation of the Arbitral Award dated 24th July, 2026 which has become due and enforceable, pending the hearing and determination of the motion on notice,” the order read in part.
The court adjourned the suit to October 22, 2026 for hearing of the motion on notice.
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