An Abuja Division of the Federal High Court on Monday dismissed
an application seeking the nullification of a report which indicted
a former Secretary to the Government of the Federation, Ayim, Pius
Ayim, of fraud.
The report put together by Nigeria’s House of Representatives
had regarded the centenary city project, estimated at over $18
billion dollars, as a complete fraud and called on the country’s
anti-graft agencies to investigate those in charge of the project
with a view to prosecuting them.
Although Mr. Ayim was not listed as a party to the suit, the
report against which the motion had been filed requested the
investigation of Mr. Ayim; a former Minister of the Federal Capital
Territory, Bala Mohammed; and two directors of the centenary city,
Paul Oki and Boma Ozobia.
The applicant in the suit filed March this year, was the
centenary city, while the defendants were the House of
Representatives and a former chairman of the House committee on the
Federal Capital Territory, Herman Hembe, who was removed from
office by the Supreme Court in June.
Delivering his judgement, Justice Nnamdi Dimgba said the
arguments of the plaintiff that they were not given the right of
fair hearing lacks merit, and is not reason enough to dismiss the
findings of the report.
“In all honesty, upon a full and dispassionate appraisal of what
has been placed before me, I do not believe that a sufficient case
has been made warranting the intervention of the Court in the
manner prayed for in the suit.
“First, this suit has been built on Section 36(1) of the
Constitution. A review of the said section shows that the
provisions are only applicable, ‘in the determination of the civil
rights and obligations’ of persons ‘before a Court or other
judicial tribunal established by law. I do not agree that the
defendants are acting as court or tribunal or performing a
quasi-judicial function. I do not even agree that the defendants
are acting in administrative capacity.
“All the conditions enumerated in Section 36 must co-exist in a
given situation for the provisions to enjoy any relevance.”
The judge further said the documents before his court show that
the parties involved in the said report were invited for
questioning, meaning an opportunity to be heard was extended to the
applicants.
“The evidence clearly shows that the plaintiff was invited to
the public hearing, as were other relevant stakeholders.
“The right to be heard, simply means the opportunity to be
heard, not that one must be heard definitively even when you spurn
the opportunit,” the judge said.
The judge therefore dismissed the application for lacking in
merit.
The centenary city, estimated to cost $18.3 billion was supposed
to be a private project, but was later discovered to have been
diverted for personal gains, the House committee said in its
report.
Also a former deputy national chairman of the Peoples Democratic
Party, Cairo Ojougboh, in 2015 demanded the investigation of Mr.
Ayim over his alleged roles in the creation of the centenary city,
in 2014.
Mr. Anyim has denied any wrongdoing.
According to a petition addressed to Nigeria’s President,
Muhammadu Buhari, Mr. Ojougboh said Nigeria had no equity in the
project, alleging that Mr. Ayim owned the 3000 acres of land used
for the execution of the said project.
An Abuja Division of the Federal High Court on Monday dismissed
an application seeking the nullification of a report which indicted
a former Secretary to the Government of the Federation, Ayim, Pius
Ayim, of fraud.
The report put together by Nigeria’s House of Representatives
had regarded the centenary city project, estimated at over $18
billion dollars, as a complete fraud and called on the country’s
anti-graft agencies to investigate those in charge of the project
with a view to prosecuting them.
Although Mr. Ayim was not listed as a party to the suit, the
report against which the motion had been filed requested the
investigation of Mr. Ayim; a former Minister of the Federal Capital
Territory, Bala Mohammed; and two directors of the centenary city,
Paul Oki and Boma Ozobia.
The applicant in the suit filed March this year, was the
centenary city, while the defendants were the House of
Representatives and a former chairman of the House committee on the
Federal Capital Territory, Herman Hembe, who was removed from
office by the Supreme Court in June.
Delivering his judgement, Justice Nnamdi Dimgba said the
arguments of the plaintiff that they were not given the right of
fair hearing lacks merit, and is not reason enough to dismiss the
findings of the report.
“In all honesty, upon a full and dispassionate appraisal of what
has been placed before me, I do not believe that a sufficient case
has been made warranting the intervention of the Court in the
manner prayed for in the suit.
“First, this suit has been built on Section 36(1) of the
Constitution. A review of the said section shows that the
provisions are only applicable, ‘in the determination of the civil
rights and obligations’ of persons ‘before a Court or other
judicial tribunal established by law. I do not agree that the
defendants are acting as court or tribunal or performing a
quasi-judicial function. I do not even agree that the defendants
are acting in administrative capacity.
“All the conditions enumerated in Section 36 must co-exist in a
given situation for the provisions to enjoy any relevance.”
The judge further said the documents before his court show that
the parties involved in the said report were invited for
questioning, meaning an opportunity to be heard was extended to the
applicants.
“The evidence clearly shows that the plaintiff was invited to
the public hearing, as were other relevant stakeholders.
“The right to be heard, simply means the opportunity to be
heard, not that one must be heard definitively even when you spurn
the opportunit,” the judge said.
The judge therefore dismissed the application for lacking in
merit.
The centenary city, estimated to cost $18.3 billion was supposed
to be a private project, but was later discovered to have been
diverted for personal gains, the House committee said in its
report.
Also a former deputy national chairman of the Peoples Democratic
Party, Cairo Ojougboh, in 2015 demanded the investigation of Mr.
Ayim over his alleged roles in the creation of the centenary city,
in 2014.
Mr. Anyim has denied any wrongdoing.
According to a petition addressed to Nigeria’s President,
Muhammadu Buhari, Mr. Ojougboh said Nigeria had no equity in the
project, alleging that Mr. Ayim owned the 3000 acres of land used
for the execution of the said project.