The High Court has temporarily halted the establishment of the proposed National Infrastructure Fund, dealing a setback to the government’s plans to operationalise the initiative.
In a conservatory order issued on Monday, the court restrained the respondents from taking any steps toward implementing the fund pending the hearing and determination of a petition challenging its legality.
“Pending the inter partes hearing and determination of the Petitioners/Applicants’ Notice of Motion Application dated 16/12/2025, a conservatory order be and is hereby issued restraining the Respondents, jointly and severally, and whether directly or through their employees, servants, agents, or related entities, from establishing, incorporating, registering, operationalizing, funding, or howsoever otherwise giving effect to the impugned National Infrastructure Fund,” the judge ruled.
The case was filed by petitioners who argue that the National Infrastructure Fund was created unlawfully through a State House communiqué, rather than through legislation enacted by Parliament as required under the Constitution.
They contend that the move violates constitutional principles of separation of powers, public participation, and parliamentary oversight over public finance.
According to the petitioners, the establishment of a fund with far-reaching financial implications cannot be effected through executive communication alone, but must be anchored in law following debate and approval by lawmakers. They further argue that allowing the fund to proceed without a proper legal framework would set a dangerous precedent and undermine constitutional safeguards.
The respondents are expected to file their responses ahead of the inter partes hearing, where the court will consider arguments from both sides before making a substantive determination.
The ruling effectively freezes all activities related to the National Infrastructure Fund, including registration, funding, and operational planning, until the court pronounces itself on the matter.