… Affirms NEPZA’s Exclusive Powers Over Abuja Centenary City Free Zone,
By Lanre Oloyede
Abuja based Federal High Court has awarded the sum of N100 million against Arab Contractors (OAO) Nigeria for unlawful encroachment and destruction of the master plan of Abuja Centenary Economic City Free Zone.
The Court consequently ordered Arab Contractors to immediately vacate the portion of the Centenary Economic City Free Zone which it forcefully and illegally occupied.
The court also declared that Nigeria Export Processing Zone Authority has the exclusive powers to manage and administer Centenary Economic City free zone to the exclusion of the FCDA, FCTA and Min of FCT.
Justice I.E. Ekwo gave the orders while delivering judgment in a suit No: FHC/ABJ/CS/2130/2022, filed by the lawyer of Centenary Economic City Free Zone, owners of the 1,264-hectare free trade zone located along the Abuja airport road, Nkemakolam Okoro, Esq.
The court upheld all declaratory and injunctive reliefs sought by the free zone owners, declaring the forceful takeover of any portion of the land by Arab Contractors without approval from the Nigeria Export Processing Zones Authority (NEPZA) as unconstitutional, unlawful, and illegal.
The court restrained the Minister of FCT, Federal Capital Development Authority and other agencies of the FCT administration from exercising any control over the free trade zone or interfering in its administration and regulation by NEPZA.
Justice Ekwo, further declared that as a designated free zone under NEPZA regulation, no federal, state, or local taxes apply within Centenary Economic City free zone.
In addition to the N100 million damages, Arab Contractors were further directed to pay N50 million as general damages for the destruction of the zone’s master plan designed by Eagle Hills Properties LLC of UAE.
“An Order is hereby made directing Arab Contractors (OAO) Nigeria Limited, to pay to the Plaintiffs, the sum of N100,000,000.00 (One Hundred Million Naira) 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 (UAE) at a cost of Thirty-Five Million, United States Dollars.
“General damages against Arab Contractors (OAO) Nigeria Limited, for the sum of N50,000,000.00 (Fifty Million Naira) only.
“The sum of N5,000,000.00 (Five Million Naira) only, as the cost of this action against Arab Contractors (OAO) Nigeria Limited.
“Interest on the entire judgment sum, at the rate of 10% per annum, commencing from the time of the delivery of the judgment in this action, till the entire judgment sum is fully liquidated by Arab Contractors (OAO) Nigeria Limited.
“This is the Order of this Court,” Justice Ekwo ruled.
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