Court restrains Wike, FCDA from ‘trespassing into’ Abuja centenary city

A federal high court in Abuja has restrained Nyesom Wike, minister of the federal capital territory (FCT), and the Federal Capital Development Authority (FCDA), from trespassing into the Economic City Free Zone.

Delivering judgment on February 6, Inyang Ekwo, presiding judge, also stopped the Federal Capital Territory Administration (FCTA) and Arab Contractors (OAO) from encroaching on the site.

Ekwo further 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 on the orders 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 gave an injunction 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.

Arab Contractors was ordered to pay N100 million for the forceful invasion and destruction of the plaintiffs’ property, another N50 million as general damages, and N5 million as cost of litigation.

The judge further mandated a 10 percent annual interest rate be applied to the entire judgment amount, starting from the moment the verdict was delivered.

THE SUIT

The suit marked FCT/ABJ/CS/2130/2022 was filed by Centenary Economic City Free Zone and Centenary City Free Zone Company in 2022.

The city, whose foundation stone was laid by former President Goodluck Jonathan in June 2014, is described as a private sector-led project to build a smart city similar to Dubai, Monaco, and Singapore.

However, not much progress has been recorded on the project located around the Kuje area council in the FCT.

Allegations bordering on non-payment of compensation to previous owners of properties in the area, as well as concerns raised over whether the site of the project falls under the restricted zone of the Nigerian Export Processing Zones Authority (NEPZA), have delayed the project.

NEPZA and the FCTA have also previously spoken on plans by the government on the project.

In 2016, an investigative report by a house of representatives committee on FCT said the approval for the project was “shrouded in secrecy”.