Encroachment: Court Orders FCDA, Arab Contractors Out of CECFZ Land

Federal High Court sitting in the Federal Capital Territory FCT on November 22, 2022, has granted an interim order restraining the FCDA and Arab Contractors from further encroachment and destruction of the Master Plan of Centenary Economic City Free Zone (CECFZ).

The temporary injunction was given in a suit marked FCH/ABJ/CS/2130/2022 and filed by Centenary Economic City Free Zone and Centenary City Free Zone Company. Listed as defendants in the suit are the President of the Federal Republic of Nigeria, the Attorney General of the federation, the Nigerian Export Processing Zones Authority (NEPZA), the Honourable Minister of the Federal Ministry of Industry, Trade and Investment (FMITI), The Honourable Minister of the Federal Capital Territory (FCT), the Federal Capital Territory Administration (FCDA), and Arab Contractors (OAO) Nigeria Limited.

In the enrollment order dated November 22, Hon. Justice I. E. Ekwo granted an “order of interim injunction restraining the defendants “from committing further acts of encroachment, incursion and continuing to deface and destroy the master plan of Centenary Economic City Free Zone in any form whatsoever, in respect of the parcel of land, measuring approximately 1,262.27 hectares, situate, lying and being in Plot 1271, Wawa District, Cadastral Zone E24, designated as Centenary Economic City Free Zone, by the President of the Federal Republic of Nigeria on 1st September 2014, pending the hearing and final determination of the motion on notice.”

According to the suit document, made available to press Friday in Abuja, the court granted an Order of Maintenance of Status Quo Ante Bellum by all parties in this suit from taking any further step(s) in relation to the subject matter of the suit pending the hearing and final determination of the Motion on Notice is granted.”

It will be recalled that in November 2016, the Honourable Attorney General of the Federation, in a well-researched legal opinion and attached to the Originating Summons, had earlier advised the FCDA that upon the grant of Free Trade Zone Status, to the Centenary Economic City Free Trade Zone, by the President of the Federal Republic of Nigeria, on the 1st of September 2014, pursuant to section 1 of the Nigeria Export Processing Zone Authority Act, No 63 of 1992 which approved and designated as a Free Trade Zone.

The document further, indicates that thebpremises of Centenary Economic City, on a parcel of Land measuring 1,264.78 hectares with beacons coordinates PB57-PB59), PB60-PB69), PB70-PB79), PB80-PB89), PB90-PB99), PB1000-PB104) located at Wawa District, Cadastral Zone E24,FCT, Abuja, that the entire parcel of Land, measuring 1,264.78 hectares with beacons coordinates PB57-PB59), PB60-PB69), PB70-PB79), PB80-PB89), PB90-PB99), PB1000-PB104) located at Wawa District, Cadastral Zone E24,FCT, Abuja, ceased to be under the immediate or remote control, management and or administration of the Minister of the Federal Capital Territory, and or the Federal Capital Development Authority, pursuant to section 4 of the Nigeria Export Processing Zone Act.

Meanwhile, an investor who spoke to our correspondent, under anonymity, has expressed disbelief over how the Federal Government cry to draw the attention of foreign investors but posesses no political will to create the enabling environment for such investors.

The agrieved investor, said that the Centenary City project, with an estimated investment of 18.376 billion dollars, remains the highest single foreign direct investment proposal in the history of Nigeria with estimated job creation of over 250,000.

Our source, further stressed that this is a business with billions of naira already invested by Nigerians and foreigners alike and owned by corporate and private individuals.

Our Source, said, “it is disheartening that major foreign investor that brought the money from their country’s sovereign wealth fund suspended the investment due to the lack of a conducive business environment and because of our way of doing things.

Specifically, the foreign investor suspended their investment because the Buhari Administration was not ready to control the in-fighting between FCTA and NEPZA on who controls the free trade zone without recourse to the current litigation. It was understood that the FCDA is hell bent in stiffling chances of investors in the Centenary City project by her non-cooperation and the spread of several misinformation if they are not allowed to usurp the powers of NEPZA”.

He however,insisted that the FCDA by her current actions, has continued its unfortunate tradition of callous disregard of legal opinions and extant laws which continue to scare away investors from Nigeria.

Major indication also has it that at press time, Arab Contractors, with the support of the FCDA, were seen continuing to violate the Court Order and risking a further Contempt of Court Order by the no-nonsense presiding judge.