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Alleged encroachment: Court bars Wike, FCDA, Arab Contractors, others from Abuja Centenary City
A Federal High Court, Abuja has restrained the Minister of FCT, Nyesom Wike, and the Federal Capital Development Authority (FCDA) from intruding into the Centenary Economic City Free Zone along Airport Road, Abuja.
Justice Inyang Ekwo, in a judgement, also made an injunction order restraining the Federal Capital Territory Administration (FCTA) and Arab Contractors (OAO) from further encroaching on the site.
Justice Ekwo also made an order nullifying and setting aside in its entirety, all executive actions, steps, decisions, and administrative controls, including the forceful encroachment of the premises by OAO at the instructions of the minister, FCTA and FCDA without the prior consent of the plaintiffs and the overriding approval of Nigeria Export Processing Zones Authority (NEPZA).
The judge held that the encroachment contradicted Sections 4 and 13 of NEPZA Act Cap N107 LFN 2004, provisions of Section 5 (3) of the 1999 Constitution (as amended), and therefore, was unconstitutional, illegal, unlawful, void and of no effect whatsoever.
He also made an injunction order restraining them from exercising any executive or regulatory control 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, located at Airport Road, Wawa District, Cadastral Zone E24, FCT, Abuja.”
“An Order is hereby made directing Arab Contractors (OAO) 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 Sections 4 and 13 of NEPZA Act, without the express approval of the NEPZA,” he added.
Justice Ekwo, therefore, ordered Arab Contractors to pay to the plaintiffs, the sum of N100 million only for the forceful invasion and destruction of the plaintiffs’ master plan of the zone, designed by Eagle Hills Properties LLC, of the United Arab Emirates (UAE) at a cost of 35 million dollars.
The judge, who ordered the company to pay a N50 million general damages, also directed the firm to pay N5 million as cost of the action.
He equally ordered an interest on the entire judgement sum at the rate of 10 per cent per annum, commencing from the time of the delivery of the judgement till the entire judgement sum is fully liquidated by construction firm.
The certified true copy of the judgement, delivered on Feb. 6, was sighted by the News Agency of Nigeria (NAN) on Monday.
NAN reports that the 1st and 2nd plaintiffs; Centenary Economic City Free Zone and Centenary City Free Zone Company, had sued the Nigerian president, the Attorney-General of Federation (AGF) and NEPZA as 1st to 3rd defendants.
Also joined in the originating summons marked: FHC/ABJ/CS/2130/2022 included the minister of Federal Ministry of Industry, Trade and Investment; FCT minister, FCTA, FCDA and Arab Contractors as 4th to 8th defendants respectively.
In the suit filed in 2022, the Managing Director of the 2nd plaintiff, Mr Ikechukwu Odenigwe, in the affidavit deposed to, averred that the 1st plaintiff was licensed as a Free Zone, under NEPZA on Sept. 10, 2014, while the 2nd plaintiff was licensed as a Free Trade Zone Company on Oct. 10, 2014, during President Goodluck Jonathan-led government.
Odenigwe said on Dec. 5, 2022, the Centenary City Project was approved by the Federal Executive Council (FEC).
“Pursuant to the centenary celebration, the Centenary City Pic, a real estate development and investment company was established on April, 2013.
“Land measuring 1,264.78 hectares was allocated to Centenary City Pic., for the development of the Centenary City in the FCT, following a development agreement entered with the FCTA,” he said.
He said the recommendation made by the the minister of Trade for the designation of 1,264.78 hectares of land at Wawa District, as the Centenary Economic City Free Zone, FCT, Abuja, was approved by the Presidency.
“The said approval was also communicated to the Managing Director, Centenary City Plc., via a letter dated 16th September, 2014.
“Upon the fulfilment of statutory requirements, a certificate was issued by the NEPZA, licensing Centenary Economic City as a Free Zone.
“The 2nd plaintiff was also issued an operating license,” he said.
The MD said the Centenary Economic City Free Zone was designed by Eagles Hills Properties LLC.
He, however, alleged that despite its lack of authority and 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 MD, who told the court that the company now endangered the assets and investments of the Federal Government with their conducts, said it was in the interest of justice to grant the reliefs as sought.
Although the president, AGF and Minister of Trade did not file any process, NEPZA said the plaintiffs had not disclose any reasonable cause against it.
But in their counter affidavit, the 5th, 6th and 7th defendants argued that the plaintiffs were not the allottees of all the parcel of land.
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.
Besides, they said that the plaintiffs were not the allottees of the license issued by NEPZA.
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.
They argued that they gave part of the land to the company because the expansion of a road linking Kuje Community with Airport Road was awarded to the firm.
Delivering the judgment, Justice Ekwo held that the plaintiffs had proven their case through the exhibits 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 Constitution (as amended); Sections 4, 8, 10 (1) and (2) and 13 of the NEPZA Act, and Section 19 of the FCT Act.
“The plaintiffs are therefore entitled to the claims sought in this case and I so hold,” he said.
The Minister of the Federal Capital Territory (FCT), Mr Nyesom Wike, says the FCT Administration has begun the procurement processes for drones to boost the security architecture of the territory.
Wike disclosed this when the Consul-General of the Embassy of Hungary in Nigeria, Mr Endre Deri visited him in Abuja on Thursday.
The minister, while responding to the consul-general comments on the need for drones, said, “whether we want some drones? Yes, there is no going back”.
He promised to discuss with the security experts, to consider a conversation with Deri on the type of drones that would be effective and efficient work based on the terrain of FCT.
He said that security was part of President Bola Tinubu’s priority in his “Renewed Hope” agenda.
The minister said that the security interventions in the FCT were already yielding results, stressing that the incidents of insecurity had drastically reduced.
“You too can attest to the fact that Abuja is safer now, because of the way we have been able to tackle the issue,” he added.
On agriculture, Wike said that the FCTA was open to collaborate with Hungry through Public-Private Partnership (PPP), adding that the administration was willing to provide the needed land.
“The issue of agriculture is very key, and I know your country is doing well in agriculture.
“We can collaborate and partner in terms of PPP. We are willing to provide land, if you can reach those concerns we can start the process.
“Let us also know what they intend to produce in order to address the issue of food insecurity in FCT.
Earlier, Deri expressed the willingness of Hungry to partner with FCTA to improve security in the territory.
The consul general, who commended the minister for improving the security situation in the FCT, expressed the willingness of his country to support the FCT with the latest drone technology.
“We are also interested in partnering with the FCTA in the areas of agriculture to boost food security and food safety for residents of the FCT,” he added.
The Ogun House of Assembly on Thursday passed a resolution seeking for the urgent clampdown on the activities of cultists in the state.
Mr Bisi Oyedele (APC-Ipokia/Idiroko), the sponsor of the resolution, said during plenary in Abeokuta that there was also an urgent need for Gov. Dapo Abiodun to appoint a commissioner for youths in the state.
Oyedele noted that the incessant cult killings in some parts of the state, especially Abeokuta, which had started over six weeks ago needed to be addressed as soon as possible.
The lawmaker alleged that no fewer than 10 individuals had lost their lives to cult-related violence within the last 42 days.
He stated that the rate at which lives were being lost in the state capital remained worrisome and baffling.
“Recent incidents include the shooting in broad daylight of five individuals at different locations within Abeokuta.
” Also worrisome is the continuous killings among young people across the state, which is adversely affecting businesses and tarnishing the reputation of our dear state,” he said.
Oyedele stressed that there was need for urgent intervention from both security operatives and the state government to address the escalating violence in other parts of the state.
He said that the anti-cultism section of the State Police Command must enhance intelligence gathering and take proactive measures to curb the reoccurring menace across the state.
“There is an urgent need for the governor to appoint a commissioner for youths, who will be saddled with the responsibility of providing productive initiatives for young people.
“He will also have to promote continuous engagements across the state, and drive youth-related policies and programme in the State Executive Council.
“Government should focus on continuous human capital development through job facilitation and enhance the skills of youths across the state.
“We call on the government to prioritise the aforementioned initiatives, as the time to address the root causes of social unrest and provide sustainable solutions for the youth population is now,” he said.
Other members who spoke on the resolution called on security agencies, especially the police, to do more to put an end to the issue of cultism in the state.
They called for effective youth engagements, while also calling on residents to always provide information to the police.
The Speaker, Oludaisi Elemide (APC-Odeda), implored everyone, government and parents, to be up and doing and also report suspicious moves within their environment.
The Majority Leader, Yusuf Serif (APC-Ado Odo Ota 1), moved the motion for the passage of the resolution, seconded by the Minority Leader, Lukman Adeleye (PDP-Odogbolu).
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