Furthermore, the court nullified and set aside all executive actions, decisions, and administrative controls related to the forceful encroachment of the premises by OAO, acting 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).
Justice Ekwo emphasized that the encroachment violated Sections 4 and 13 of NEPZA Act Cap N107 LFN 2004 and provisions of Section 5 (3) of the 1999 Constitution, deeming it unconstitutional, illegal, unlawful, void, and of no effect. The court also issued an injunction restraining the defendants from exercising any executive or regulatory control on the Centenary Economic City Free Zone.
Arab Contractors (OAO) Nigeria Limited was directed to vacate the illegally occupied portion of the Free Zone immediately, and the company was ordered to pay the plaintiffs N100 million for the forceful invasion and destruction of the zone’s master plan. Additionally, the court awarded N50 million in general damages and imposed N5 million as the cost of the action. The judgment also includes a 10% per annum interest on the entire sum until fully liquidated.
The case, filed in 2022 by Centenary Economic City Free Zone and Centenary City Free Zone Company against various defendants, alleged unauthorized encroachment on the designated land. The court held that the plaintiffs, licensed as a Free Zone under NEPZA, had fulfilled statutory requirements and were entitled to the claims sought. The defendants argued that the plaintiffs were not the allottees of the land and raised issues regarding the master plan and regulatory powers within the zone.
In delivering the judgment, Justice Ekwo referenced constitutional provisions and relevant acts, concluding that the plaintiffs had proven their case and were entitled to the relief sought. The judgment was delivered on February 6, and a certified true copy was obtained by the News Agency of Nigeria.
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Source: Bushradiogist