The Federal High Court in Abuja has made a ruling that stops the Minister of the Federal Capital Territory, Nyesom Wike, and Arab Contractors Nigeria Limited from going into the Centenary Economic City Free Zone along Airport Road, Abuja without written permission from the Nigeria Export Processing Zones Authority.
Beyond Boders reports that this decision given by Justice Inyang Ekwo, includes a fine of N100 million on Arab Contractors Nigeria Limited for entering and damaging structures in the Centenary Economic City Free Zone and messing up its master plan worth $35 million.
The court’s judgment, delivered on February 6, 2024, in a case identified as FHC/ABJ/CS/2130/2022, was filed by the Centenary Economic City Free Zone and Centenary City Free Zone Company.
Apart from the FCT Minister and Arab Contractors Nigeria Limited, other people in the case are the Federal Capital Development Authority; the President; the Attorney General of the Federation; the Nigeria Export Processing Zones Authority, and the Minister of Industry, Trade, and Investment.
According to the judgment, Justice Ekwo stated that the invasion of the Centenary Economic City Free Zone by the defendants was illegal and unconstitutional.
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In the documents supporting the 2022 lawsuit, Ikechukwu Odenigwe, the Managing Director of the plaintiff, mentioned that without NEPZA’s permission, the FCTA let Arab Contractors use parts of the Free Zone land for their work.
Odenigwe accused Arab Contractors of damaging and ruining the master plan of the Centenary Economic City Free Zone.
Although the first and second defendants did not respond to the plaintiffs’ Originating Summons, the 5th, 6th, and 7th defendants argued in their counter-affidavit that the plaintiffs didn’t own all the land.
They argued that Centenary City Plc was the allottee according to the Certificate of Occupancy, not any of the plaintiffs.
However, Justice Ekwo ruled in favour of the plaintiffs against the defendants.
He declared: “An order of injunction is hereby made restraining the Minister of the Federal Capital Territory, the Federal Capital Development Authority, and the Federal Capital Territory Administration, either by themselves, or through any of their agencies, or secretariats or howsoever called, from exercising any executive or regulatory control on the Centenary Economic City Free Zone, and from interfering in any form whatsoever, in the administration, regulation, management and control of the Centenary Economic City Free Zone.”
The judgment stated that the Centenary Economic City Free Zone “occupies the land measuring 1,264.78 hectares with beacons coordinates PB57-PB59), PB60-PB69), PB70-PB79), PB80- PB89), PB90-PB99), PB1000-PB104) located on Airport Road, Wawa District, Cadastral Zone E24, FCT, Abuja.”
It also includes “an order of injunction restraining the 5th, 6th, and 7th defendants, from intruding in any form whatsoever, or entering the Centenary Economic City Free Zone, without the prior written consent and approval of the Nigeria Export Processing Zones Authority in accordance with Section 13 of the Nigeria Export Processing.”
The judge ordered Arab Contractors Nigeria Limited to immediately leave the portion it was occupying in the zone.
Ekwo also ordered Arab Contractors to pay N100 million to the plaintiffs for damaging the master plan of the Centenary Economic City Free Zone.
He said, “An order is hereby made directing Arab Contractors Nigeria Limited to pay to the plaintiffs the sum of N100,000,000.00 only, for the forceful invasion and destruction of the plaintiffs’ master plan of the Centenary Economic City Free Zone, designed by Eagle Hills Properties LLC, of the United Arab Emirates at a cost of $35m.”
Additionally, the judge awarded N50 million general damages and another N5 million as the cost of filing the suit against Arab Contractors Nigeria Limited.
