An Arbitral Tribunal constituted to determine the dispute between Enyimba Industrial Development Company Limited & Crown Realties Plc (jointly referred to as “the Promoters”) and the Government of Abia State has delivered its Final Award, holding that the Public Private Partnership Agreement (PPPA) executed in 2017 in relation to the Enyimba Economic City Project was constructively terminated by reason of the fundamental breach of the Promoters.
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The Tribunal further ordered the Promoters to refund to the Government of Abia State the sum of ₦400 million, being the Naira equivalent of USD 1.05 million paid from public funds, having found that there was no legal or contractual basis for the payment.
In the words of the Tribunal, the sum constituted “money had and received for no consideration.”
It is important to place this outcome in its proper perspective. Before the Tribunal, the Promoters sought damages of USD 50 million, and in the alternative USD 250 million, in addition to interest and the full costs of the arbitration.
Those extensive monetary claims were not sustained. The Tribunal rejected the substantial financial demands advanced against Abia State.
This development must be viewed in the broader context of Nigeria’s experience in the Process & Industrial Developments (P&ID) matter. In that case, an arbitral award of approximately USD 11 billion was eventually set aside by the English High Court after findings that the underlying contract had been procured through fraud and serious irregularity.
That episode remains a stark reminder of the potential risks inherent in inadequately structured or insufficiently scrutinised public-private arrangements.
In the present matter, the Tribunal has affirmed the termination of a defective PPP structure and ordered the return of public funds to the State.
The recovery of ₦400 million to the public treasury reflects a firm institutional commitment to justice, accountability, and the protection of public resources under the administration of His Excellency, Dr. Alex Otti, OFR.
The Government of Abia State remains committed to responsible industrial development and lawful investment partnerships. However, such engagements must be grounded in clear contractual compliance, transparency, and strict fidelity to statutory and constitutional obligations.
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