Hot Source*Seek president’s intervention to save $639m FDI
A group of Investors under the aegis of Abuja Technology Village Free Trade Zone has filed a suit at the Federal High Court Abuja challenging the legality of the administrative decisions by the Minister of Federal Capital Territory Mr. Nyesom Wike relating to his interference with activities at the Abuja Free Trade Zone, culminating in his purported revocation of land earmarked for the operations and development of the Abuja Technology Village within the Free Trade Zone.
According to a statement, the group, comprising foreign and indigenous investors, in a suit No: FHC/ABJ/CS/1539/2025, is seeking the court’s intervention to quash the purported revocation of an area of land designated by Presidential Order and also gazetted as a Free Trade Zone, now being set aside by Wike in conjunction with the Federal Capital Territory Administration (FCTA).
In the statement, the investors also raised notified the Presidency through the Nigeria Export Processing Zones Authority (NEPZA) that the action of the FCT Minister was jeopardizing both direct foreign and domestic investments worth over $639 Million (N978 bilion naira equivalents) already committed to the zone.
The group further stated that the Abuja Free Trade Zone, housing the Technology Village, was not merely a parcel of land but “a national economic asset and visible symbol of Nigeria’s commitment to becoming an innovation-driven, investment-friendly economy.”
It said the preservation of Free Trade Zone legal status was essential to the sustainability of the Free Zone Scheme nationwide.
The group noted that the Abuja Technology Village Free Trade Zone hosts 29 licensed enterprises and also serves as the site for a major electric vehicle and renewable energy manufacturing initiative in partnership with three other countries.
“The revocation threatens this multi-stakeholder, multi-billion-naira project and undermines Mr. President’s direct efforts to woo foreign investors under the Renewed Hope Agenda,” it warned.
In the suit filed on their behalf by M.J Numa & Partners LLP at the Federal High court, the group urged the court to declare that “by virtue of the combined provisions of Sections 5(1)(a) and (b), 3(a) and (b), 147, 148(1), 297 and 299(a) and (b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the executive authority of the President of the Federal Republic of Nigeria, including the powers exercised through the Nigeria Export Processing Zones Authority pursuant to Federal Legislation was supreme and cannot be lawfully impaired, diluted, or contradicted by the exercise of executive powers conferred on the Minister of the FCT, acting under Section 5(2) of the Constitution, as administrator of the Federal Capital Territory.
“That by virtue of Sections 1, 4, 7, 8 and 13 of the Nigeria Export Processing Zones Act, Cap N107 LFN 2004 (NEPZA Act), read together with Sections 4 and 19 of the Federal Capital Territory Act, NEPZA has exclusive legal control and regulatory powers over designated free zones and enterprises therein, to the exclusion of the FCTA and the Minister of FCT.
“That the Minister of FCT and FCTA acted ultra vires and unconstitutionally by issuing a revocation of their land rights, as operators in the zone, and subsequently reallocated the land to a third party without proper authority or NEPZA’s consent, making the actions null, void, and without legal effect”.
Also, the plaintiffs sought “an order of the court to set aside the revocation and reallocation notices; to issue a perpetual injunction restraining the FCDA, FCTA, and their agents from interfering with the Plaintiffs’ possession and operations; and to compel NEPZA and other relevant federal authorities to protect and uphold their rights.”
Providing a background to the issue, the statement said the Plaintiffs, comprising Nigerian and foreign-owned enterprises, were lawfully registered by NEPZA, the Federal Government agency exclusively empowered by the NEPZA Act to license, regulate, and manage Free Zones in Nigeria.
“Each Plaintiff holds a valid sublease/development agreement with the Abuja Technology Village Free Zone Company (1st Defendant) and has made substantial capital investments toward developing high-impact technology, logistics, and manufacturing infrastructure within the Free Zone.
“However, in a shocking turn of events, the FCTA and Minister of FCT, acting outside the legal framework, purportedly revoked the Plaintiffs’ land rights within Plot No. 23, Industrial Area II (C17), Abuja which forms part of the ATV Free Zone gazetted in 2009 and placed under the regulatory jurisdiction of NEPZA.
“The revocation, communicated via a letter dated 13th May 2025, was issued on grounds of alleged non-payment of ground rent and underdevelopment. This revocation emanated without any prior notice, warning and/or demand for compliance. Be that as it may, the grounds for revocation contravene section 8 of the NEPZA Act which explicitly exempts the Plaintiffs and the Abuja Technology Village Free Zone Company from such levies, taxes and rates.
“Despite formal objections from NEPZA and the Abuja Technology Village Free Zone Company, the FCTA proceeded to reallocate the land to another private entity, MAG INTERNATIONAL LINKS LIMITED on the 9th of July, 2025. The FCTA and the purported allotees have taken steps towards commencing demolition, destroying investments worth billions of Naira and terminating the plaintiffs’ businesses permanently. This has prompted the filing of the following Court processes to safeguard their legal and proprietary rights:
“Originating summons filed on 29th of July, 2025.
“nterlocutory injunctions filed on 29th of July, 2025.
“Affidavits of Extreme Urgency filed on 29th of July, 2025.
“Applications demonstrating the need to urgently assign and determine the suit filed 29th of July, 2025.”
The Plaintiffs are therefore seeking declarations and injunctive reliefs to:
“Establish that NEPZA, and not the FCTA or Minister of FCT, has exclusive administrative control and management within Free Zones;
“Determine the legality and constitutionality of the FCTA and Minister of FCT’s administrative actions by the revocation of land within a Federally-declared Free Zone;
“Void the purported revocation and subsequent reallocation of Free Zone land to a third party as ultra vires, unconstitutional, and a breach of due process.
“Restrain the demolition of the Plaintiffs’ investments which invariably terminates their business operations, permanently.”
On the investment implications, the statement said, “this legal challenge arises amid growing concerns over regulatory certainty and investor protection in Nigeria’s Free Trade Zones. The Plaintiffs emphasize that they invested in the Abuja Technology Village relying on legal assurances provided under the NEPZA framework, which is now being undermined by unlawful and unauthorized actions.
“One of the Plaintiffs, Atlantic Logistics FZE, is a foreign-owned company, and its involvement underscores the critical need to uphold Nigeria’s international obligations and safeguard Foreign Direct Investment (FDI).”
It therefore warned of the pendency of the suit and maintenance of status quo pending final adjudication.
“All persons, entities, and government agencies are hereby notified of the pendency of this suit. In accordance with legal norms, status quo must be maintained pending final adjudication by the Federal High Court.
“Any acts by third parties including but not limited to attempts to demolish, develop, or interfere with the Plaintiffs’ infrastructure constitute contempt of court and attract legal consequences.
“The Plaintiffs remain committed to upholding the rule of law and protecting the sanctity of Nigeria’s Free Zone regime, which has been vital in fostering innovation, economic development, and foreign investment”, the statement said.
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