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Ukorebi Esien | November 10, 2025
CALABAR - After a decade-long legal tussle between Ortech Nigeria Limited and the Cross River State Water Board Limited (CRSWB), a High Court sitting at Court 1 Epe Judicial Division, Epe, Lagos State, has delivered judgment in favour of the Water Board, awarding ₦15 million in damages against Ortech and dismissing its claims in entirety.
The suit with file number LD/681cm/2015, filed in 2015, arose from Ortech's allegations of unpaid operational expenses, including salaries for expatriate and local staff, travel, and other project costs incurred during its management of the state's water utility. However, the Water Board, in its counter-claim, argued that Ortech's claims were inadmissible under the contract terms, citing violations and failure to maintain key equipment.
In his 18-page judgment, Honourable Justice W. Animahun upheld the Water Board's position, dismissed Ortech's case, and ruled in favour of the counter-claimant, ordering the payment of ₦15 million as costs to the Water Board.
Records show that Ortech Nigeria Limited had entered into a Public-Private Partnership (PPP) with the Cross River State Water Board and the African Development Bank (AfDB) around 2003/2004 to improve water management in Calabar, Akamkpa, and Ugep/Ediba. The arrangement, initially hailed as a model PPP in Nigeria's water sector, sought to enhance service delivery, financial sustainability, and accountability.
However, reports indicate that the Ortech management contract was terminated in July 2015, amid contractual disputes and performance concerns. Observers note that the utility's performance reportedly declined after Ortech's exit, setting the stage for the prolonged legal confrontation that has now been resolved.
'Victory for Accountability and Due Process'
Reacting to the judgment, Mr. Godwin Nyiam, Managing Director of the Cross River State Water Board, described the verdict as "a victory for accountability, transparency, and due process."
He revealed that the litigation came at a considerable financial and operational cost to the agency, including lawyers' fees, travel, and accommodation expenses, as well as the distraction from its core service delivery mandate.
According to him, the experience has provided valuable lessons for future engagements. "Going forward, any Public-Private Partnership (PPP) agreement will be structured in line with the knowledge gained to guard against all observed lapses in the Ortech agreement and ensure full compliance with due process," Nyiam stated.
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| The MD, management and staff of Cross River Water Board ltd shortly after celebrating the Judgement |
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