The court specifically highlighted the destruction of properties belonging to the Centenary Economic City Free Zone and Centenary City Free Zone Company, along with the defacing and destruction of the master plan for the Centenary Economic City Free Zone.
The declaration underscores the court’s stance on the illegality and unconstitutionality of these actions.
The court also restrained the Minister of FCT, and the Federal Capital Development Authority from intruding or entering into the Centenary Economic City Free Zone along Airport Road, Abuja without the written consent and approval of the Nigeria Export Processing Zones Authority.
In the suit marked: FHC/ABJ/CS/2130/2022, the Centenary Economic City Free Zone and Centenary City Free Zone Company are the plaintiffs in the matter.
The president, the Attorney General of the Federation, the Nigeria Export Processing Zones Authority, and the Minister of Industry, Trade, and Investment are the first to fourth defendants.
The fifth to eighth defendants are the Minister of FCT, Federal Capital Territory Administration, Federal Capital Development Authority, and Arab Contractors Nigeria Limited.
In the suit filed in 2022, the Managing Director of the 2nd plaintiff, Mr Ikechukwu Odenigwe, in the affidavit deposed to stated that without the permission of NEPZA, which had the regulatory power, the FCTA asked Arab Contractors to convert parts of the Free Zone land to their site yard.
Odenigwe alleged that Arab Contractors defaced and destroyed the master plan of the Centenary Economic City Free Zone.
The first and second defendants did not file any process in reaction to the Plaintiffs’ Originating Summons.
They further argued that based on the certificate of occupancy issued by the then FCT minister, the allottee was Centenary City Plc and not any of the plaintiffs.
They averred that the creation of the Centenary City as a Free Zone did not oust the powers of FCDA within the zone, insisting that the plaintiffs and NEPZA failed to carry along the FCTA and FCDA.
According to them the master plan of the FCT supersedes any other plan by any individual, including the plaintiffs and NEPZA.
However, in a judgment delivered on February 6, 2024, and a copy that was sighted by our correspondent on Monday, Justice Inyang Ekwo also bared the minister, FCTA, and FCDA from exercising executive or regulatory control on the Centenary Economic City Free Zone.
He said, “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 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, which occupies the Land, measuring 1,264.78 hectares with beacons coordinates PB57-PB59), PB60-PB69), PB70-PB79), PB80- PB89), PB90-PB99), PB1000-PB104) located at Airport Road, Wawa District, Cadastral Zone E24, FCT, Abuja by the Nigeria Export Processing Zones Authority, which is an agency of the Federal Government under the Federal Ministry of Industry, Trade and Investment, pursuant to Ss. 5 (1) (a) and (b), (2) and (3) and 299(a) and (b) of the 1999 Constitution (as amended), Ss. 4, 8 and 13 of the Nigeria Export Processing Zones Act and S. 19 of the Federal Capital Territory Act.
“An Order of Injunction is hereby made 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 S. 13 of the Nigeria Export Processing
“A Declaration is hereby made that the invasion of the Centenary Economic City Free Zone, located at Wawa District, Cadastral Zones E24, FCT, Abuja, by Arab Contractors Nigeria Limited, and the resultant destruction of the properties of the Plaintiffs, and defacing and destruction of the Plaintiffs’ master plan for the Centenary Economic City Free Zone, by the said Arab Contractors Nigeria Limited, at the instructions of the 5th, 6th and 7th Defendants, is unconstitutional, unlawful, wrongful and illegal.”
The judge also ordered Arab contractors to immediately leave the portion it was occupying in the zone.
He said, ” An Order is hereby made directing Arab Contractors Nigeria
Limited, to immediately vacate the portion of the Centenary Economic City Free Zone, which it illegally occupies at the instructions of the 5th 6th, and 7th Defendants against the provisions of Ss. 4 and 13 of the Nigeria Export Processing Zones Act, without the express approval of the Nigeria Export Processing Zones Authority.”
Ekwo also ordered Arab contractors to pay N100m to the plaintiffs for destroying 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 Thirty-Five Million, United States Dollars.”
“General damages against Arab Contractors Nigeria Limited, for the sum of N50,000,000.00 only.
“The sum of N5,000,000.00 only, as the cost of this action against Arab Contractors Nigeria Limited,” the judge held.
