The legal firm of renowned human rights lawyer Femi Falana, SAN, through Falana & Falana’s Chambers, has issued a seven-day ultimatum to the Ogun/Osun River Basin Development Authority (ORBDA) to withdraw a termination letter for a contract awarded to Samkay Engineering Co. Limited.
The termination letter, dated November 13, 2024, has become a focal point of contention, with the legal firm threatening legal action if their demands are not met within the stipulated timeframe.
Pre-Action Notice and Demand
In a pre-action notice dated November 27, 2024, addressed to the Managing Director/CEO of ORBDA and obtained by SaharaReporters, the chambers demanded the immediate withdrawal of the termination letter.
The firm warned that failure to comply would lead to legal proceedings and petitions to anti-corruption agencies, including the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Economic and Financial Crimes Commission (EFCC), to investigate contract awards and overall governance under the Authority’s leadership.
The notice, signed by Taiwo E. Olawanle, was titled: “Demand for the Withdrawal of the Termination Letter Dated the 13th Day of November, 2024.” It detailed the timeline and alleged irregularities surrounding the contract process.
Timeline of Events
Falana Chambers recounted how Samkay Engineering had responded to a contract advertisement published in the Tender Journal from April 1-14, 2024. The firm successfully tendered for LOT 60—a project involving Flood & Erosion Control Work Including Asphalt at GRA, Ijebu-Ode, Ogun State. Following evaluation, Samkay Engineering was invited for a financial bid opening on July 8, 2024, and was subsequently awarded the contract.
On July 19, 2024, Samkay’s managing director was summoned to ORBDA’s office in Abeokuta, Ogun State. There, along with other contractors, they received the award letter under what the legal firm described as “strict conditions.” The firm then requested immediate access to the site to commence work, but this request was reportedly met with repeated delays from ORBDA.
Despite submitting an advance payment guarantee issued by Globus Bank, Samkay Engineering claims the Authority failed to grant site access. On November 6, 2024, the firm formally requested to be led to the site but instead received a termination letter on November 13, 2024, citing “effluxion of time” as the reason for contract termination.
Falana Chambers’ Position
Falana & Falana’s Chambers called the termination letter both “surprising” and “embarrassing,” accusing ORBDA of deliberate procrastination in handing over the site. The firm argued that Samkay Engineering had made multiple written and verbal attempts to commence work, only to be met with unnecessary delays.
The chambers demanded that ORBDA:
- Withdraw the termination letter immediately.
- Grant Samkay Engineering access to the project site to commence work.
Falana Chambers warned that failure to comply within seven days would result in:
- Legal proceedings to address the wrongful termination.
- Petitions to ICPC and EFCC to investigate all contracts awarded under ORBDA’s current administration.
The firm emphasized the need for transparency and accountability, urging the Authority to comply promptly to avoid further complications.
The escalating dispute between Samkay Engineering and ORBDA underscores the critical need for adherence to due process in public procurement and contract administration. As the seven-day ultimatum ticks down, all eyes will be on ORBDA’s response and potential repercussions for its leadership.
