By Section 299 (a) of the 1999 Constitution, Federal Republic of Nigeria, as amended, the President of the Federal Republic of Nigeria operates as the governor of the Federal Capital Territory (FCT) and this constitutional concept empowered the president to appoint a minister for the federal capital territory as an overseer for him. The afore-said section provides – “all the legislative powers, the executive powers and the judicial powers vested in the House of Assembly, the Governor of a State and in the courts of a State shall, respectively, vest in the National Assembly, the President of the Federation and in the courts which by virtue of the foregoing provisions are courts established for the Federal Capital Territory, Abuja”.
Thus, there is urgent need for the President, Bola Ahmed Tinubu to intervene in the unending crisis attempting to create violence and civil disorder in the seat of power. From indications, the Permanent Secretary of the Federal Capital Territory Authority (FCTA), Mr. Olusade Adesola has not been able to give needed directions to the warring parties in line to the orders of the court which is gradually paving ways to anarchy if not timely arrested. The height of the crisis is that court orders are no longer considered important rather self-helps and all manner of manipulations leveraging on the vacation of the judicial officers which placed courts under lock and key except few ones opened for urgent essential matters. A society where court orders and judgment are disrespected is heading to a doom, hence, a stitch in time saves nine.
The impunity being deployed in the protracted tussle between the two companies under the control of the Federal Capital Territory Administration (FCTA) namely; Abuja Investments Company Limited (AICL) and Abuja Markets Management Limited (AMML) is becoming so unfortunate to the extent that orders of various superior courts are disrespected without an atom of respect.
From investigation, the fracas began under the former Minister of the Federal Capital Territory, Malam Musa Bello but unresolved till he left office. When all efforts to resolve through the alternative dispute resolution mechanism failed, the Managing Director of Abuja Market Management Limited (AMML), Alhaji Abubakar Usman Faruk approached the National Industrial Court over attempts to arbitrarily push him away from office as the helmsman of the company, and also filed a second action at the Federal High Court, Abuja judicial Division.
From the court records, in the action filed at the Federal High Court with suit number: FHC/ABJ/CS/499/2023, the presiding judge, Hon Justice D.U. Okorowo entered judgment in favour of the Claimant/Applicant, Alhaji Abubakar Sadiq Faruk against Abuja Markets Management Ltd; Abubakar Sadiq Maina; Minister of the Federal Capital Territory and Federal Capital Territory Administration (FCTA) as 1st, 2nd, 3rd, and 4thdefendants respectively. The court also gave a restraining order against the (4) four defendants from carrying on whatever planned acts particularly the plot to arbitrarily push away the claimant/Applicant from office as MD/CEO of AMML.
In similar vein, in the suit filed at the National Industrial Court with number: NICN/ABJ/62/2023, the court presided by Hon Justice R. B. Haastrup gave a concurring judgment in favour of the claimant, Alhaji Abubakar Usman Faruk affirming him as the substantive MD/CEO of Abuja Markets Management Ltd (AMML), and also gave restraining orders against Minister of the Federal Capital Territory; Federal Capital Territory Administration (FCTA); Abuja Markets Management Ltd; and Abuja Investments Company Ltd as 1st, 2nd, 3rd, and 4th defendants respectively.
The court then ruled among others giving restraining orders against the GMD of Abuja Investments Company Ltd (AICL) stopping him and his agents from carrying out actions in the manner they have done and further intend to do against AMML and her MD/CEO. Delivering the judgment, the judge said; “The pieces of evidence before this court confirm the facts deposed to by the Applicant and all point to some level of hostility by the Group managing Director (Mr. Abubakar Sadiq Maina) of the 4thDefendant”.