Alex Enumah in Abuja
Justice Inyang Ekwo of a Federal Excessive Court docket, Abuja has restrained the Minister of the Federal Capital Territory (FCT), Nyesom Wike and three others from encroaching into the Centenary Financial Metropolis Free Zone, alongside Airport Highway, Abuja.
In addition to Wike, others affected by the courtroom’s order embody the Federal Capital Growth Authority (FCDA), Federal Capital Territory Administration (FCTA) and Arab Contractors (OAO).
Justice Ekwo, who issued the order in a judgment delivered, additionally made an order nullifying and setting apart in its entirety, all govt actions, steps, choices, and administrative controls, together with the forceful encroachment of the premises by OAO on the directions of the minister, FCTA and FCDA with out the prior consent of the plaintiffs and the overriding approval of Nigeria Export Processing Zones Authority (NEPZA).
Ekwo, based mostly his choices on the grounds that the encroachment contradicted Sections 4 and 13 of NEPZA Act Cap N107 LFN 2004, provisions of Part 5 (3) of the 1999 Structure (as amended), and due to this fact, was unconstitutional, unlawful, illegal, void and of no impact by any means.
He additionally made an injunction order restraining them from exercising any govt or regulatory management on the zone, “which occupies the Land, measuring 1,264.78 hectares with beacons coordinates: PB57-PB59, PB60-PB69, PB70-PB79, PB80PB89, PB90-PB99 and PB1000-PB104, situated at Airport Highway, Wawa District, Cadastral Zone E24, FCT, Abuja.”
“An Order is hereby made directing Arab Contractors (OAO) Nigeria Restricted, to right away vacate the portion of the Centenary Financial Metropolis Free Zone, which it illegally occupies on the directions of the fifth, sixth and seventh defendants in opposition to the provisions of Sections 4 and 13 of NEPZA Act, with out the specific approval of the NEPZA,” he added.
Justice Ekwo due to this fact ordered Arab Contractors to pay to the plaintiffs the sum of N100 million just for the forceful invasion and destruction of the plaintiffs’ grasp plan of the zone, designed by Eagle Hills Properties LLC, of the United Arab Emirates (UAE) at a price of 35 million {dollars}.
The choose, who ordered the corporate to pay a N50 million normal damages, additionally directed the agency to pay N5 million as value of the motion.
He equally ordered an curiosity on your entire judgment sum on the price of 10 per cent every year, commencing from the time of the supply of the judgment until your entire judgment sum is absolutely liquidated by development agency.
The judgment of the courtroom was delivered on February 6, 2023, within the swimsuit filed by the Centenary Financial Metropolis Free Zone and Centenary Metropolis Free Zone Firm.
The defendants included President of Nigeria, the Lawyer-Basic of Federation (AGF) and NEPZA as 1st to third defendants.
Additionally joined within the originating summons marked: FHC/ABJ/CS/2130/2022, had been the Minister of Trade, Commerce and Funding; FCT minister, FCTA, FCDA and Arab Contractors as 4th to eighth defendants respectively.
Within the swimsuit filed in 2022, the Managing Director of the 2nd plaintiff, Mr. Ikechukwu Odenigwe, within the affidavit deposed to, averred that the first plaintiff was licensed as a Free Zone, underneath NEPZA on September 10, 2014, whereas the 2nd plaintiff was licenced as a Free Commerce Zone Firm on October 10, 2014, throughout President Goodluck Jonathan-led authorities.
Odenigwe stated on December 5, 2022, the Centenary Metropolis Challenge was accredited by the Federal Government Council (FEC).
He stated the advice made by the minister of Commerce for the designation of 1,264.78 hectares of land at Wawa District, because the Centenary Financial Metropolis Free Zone, FCT, Abuja, was accredited by the Presidency.
“The stated approval was additionally communicated to the Managing Director, Centenary Metropolis Plc., through a letter dated sixteenth September, 2014.
“Upon the fulfilment of statutory necessities, a certificates was issued by the NEPZA, licensing Centenary Financial Metropolis as a Free Zone.
“The 2nd plaintiff was additionally issued an working license,” he stated.
He, nonetheless, alleged that regardless of its lack of authority and with out the permission of NEPZA, which had the regulatory energy, the FCTA requested Arab Contractors to transform components of the Free Zone land to their website yard.
Odenigwe alleged that Arab Contractors defaced and destroyed the grasp plan of the Centenary Financial Metropolis Free Zone.
The MD, who informed the courtroom that the corporate now endangered the belongings and investments of the Federal Authorities with their conducts, stated it was within the curiosity of justice to grant the reliefs as sought.
Delivering the judgment, Justice Ekwo held that the plaintiffs had confirmed their case via the reveals tendered and by the provisions of Sections 5 (1) (a) and (b), (2), and (3) (a) and (b), 147, 148, 299 (a) and (b) of the 1999 Structure (as amended); Sections 4, 8, 10 (1) and (2) and 13 of the NEPZA Act, and Part 19 of the FCT Act.
“The plaintiffs are due to this fact entitled to the claims sought on this case and I so maintain,” he stated.
