Abia Government Clarifies on Enyimba Economic City Project Verdict, Faults Publication in Circulation

The Abia State Government has faulted a publication referred to as a misleading report on the arbitral award relating to the Enyimba Economic City Project.

In a press release made a available to newsmen on Wednesday, Abia State government said a publication currently circulating in the media titled “Both Majority and Dissenting Rulings Declared Abia State Cannot Withdraw Our Certificate of Occupancy,” attributed to the promoters of the Enyimba Economic City.

Abia Government said the publication contains several statements that materially misrepresent the findings and legal effect of the Majority Award delivered by the Arbitral Tribunal on 13 February 2026.

Read full press release below 👇

ABIA STATE GOVERNMENT REJOINDER TO MISLEADING REPORT ON THE ARBITRAL AWARD RELATING TO THE ENYIMBA ECONOMIC CITY PROJECT

The attention of the Abia State Ministry of Justice has been drawn to a publication currently circulating in the media titled “Both Majority and Dissenting Rulings Declared Abia State Cannot Withdraw Our Certificate of Occupancy,” attributed to the promoters of the Enyimba Economic City.

The said publication contains several statements that materially misrepresent the findings and legal effect of the Majority Award delivered by the Arbitral Tribunal on 13 February 2026. It has therefore become necessary to clarify the correct position in order to prevent the continued dissemination of inaccurate and misleading information.

First, the publication seeks to create the impression that the Tribunal unequivocally ruled in favour of the project promoters on the central issues in dispute and that the Abia State Government was found to have acted unlawfully. This characterisation is inaccurate and does not reflect the determinations contained in the Majority Award, which constitutes the binding decision of the Tribunal.

Secondly, the report attempts to elevate the dissenting opinion of a minority member of the Tribunal to the same legal status as the Majority Award. In arbitral jurisprudence, the decision that has legal force and effect is the decision of the majority of the Tribunal. A dissenting opinion, while permissible as an expression of the views of an individual arbitrator, does not constitute the operative award and cannot override or displace the findings of the majority.

Thirdly, the publication conspicuously omits one of the most consequential aspects of the Majority Award. The Tribunal expressly ordered the refund of the sum of ₦400,000,000 (Four Hundred Million Naira) earlier paid by the Abia State Government in connection with the share capital structure of the project company. This order was made on the basis of the legal doctrine described by the Tribunal as the “Resulting Trust Theory.” The effect of this finding is that the Tribunal recognised that the said funds remained beneficially attributable to the Government and must therefore be returned.

The attempt to downplay this critical component of the Majority Award, while selectively highlighting elements that appear favourable to the promoters, amounts to a clear misrepresentation of the Tribunal’s decision.

Fourthly, the sweeping assertion that both the Majority and Dissenting rulings categorically declared that the Abia State Government lacks the power to withdraw the Certificate of Occupancy is an overstatement that does not accurately reflect the nuanced reasoning contained in the Majority Award. The Tribunal’s analysis was confined to the specific contractual framework presented before it and cannot properly be interpreted as a blanket limitation on the lawful statutory powers of Government.

For the avoidance of doubt, the Abia State Government reiterates that the Majority Award remains the operative and binding decision of the Tribunal, and its contents must be understood in their proper legal context rather than through selective quotation or commentary.

The Abia State Ministry of Justice therefore rejects the attempt to distort the true import of the Award through partial disclosure and misleading interpretation.

The Government remains committed to responsible engagement with all stakeholders and to ensuring that public discourse on matters of this nature is grounded in accuracy, fairness, and respect for the official record.

Office of the Honourable Attorney-General and Commissioner for Justice
Abia State Government