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High court orders NAF to vacate business premises in Rivers

BY JIMITOTA ONOYUME

PORT HARCOURT- A federal High court in Port Harcourt has ordered men of the Nigerian Airforce to vacate the premises of Blue Boulevard limited, a multi shopping complex on Aba road in Port Harcourt.

Justice Hillary Oshomah who gave the order in an application filed by Peter Osunde ( 1st Applicant , Blue Boulevard limited (2nd Applicant) against Nigerian Airforce properties limited said the continued stay of men of the air force at the business premises was ultra vires and beyond her statutory responsibilities.

“ It is hereby declared by the order of this Honorable court that the continuous stay of the armed men of 115 Special Operation Group, Nigerian air force, Port Harcourt at the main entrance of the 2nd Applicant’s gate and within its premises on the order of the respondents is ultra vires, null and void and beyond the statutory duties of the respondents”

“That the continuous stay of the armed men of the Respondent is wrongful, unlawful and unconstitutional as it violates the applicants fundamental right of freedom of movement, right to own property and right to personal liberty guaranteed by Section 34,35 and 44 of the constitution of the federal republic of Nigeria , 1999 as amended”

“The respondent is hereby directed to immediately withdraw its men stationed at the main gain and within the premises of the 2nd applicant at NAF base, Market junction , Rumoumasi, Aba road , Port Harcourt, Rivers state

An order of perpetual injunction restraining the respondent by itself , through its agents, officers and privies from further barricading the gate and within the premises of the 2nd Applicant at the aforestated place”

“By way of consequential order of this Honourable court, the Respondent, its agents , servants, privies and or anybody of whatsoever either acting on its behalf or stead is by order of this Honourable court restrained from indulging in any act or conduct which is likely or capable of undermining, frustrating , stifling or calculated or capable of rendering nugatory the attainment and /or benefits of prayers granted the applicants by this Honourable court”

Justice oshomah further lashed at the respondent, describing their action as shameful and condemnable. “ The conduct of the Respondent and its handlers is not only shameful , it is most reprehensible and condemnable and same is deprecated in the strongest terms by this Honourable court “, he said.

Men of the Nigerian Airforce shut down activities at the business premises since April 11 this year. Managing Director of the firm, Mr Sam Orzo said they were building about 2000 lock up shops with some of them already occupied before the development.

“ Some of the shops have been paid for. As I talk to you we are incurring a loss running into billions of naira from the actions of the security operatives. “, he said.

Group Managing Director of Blue Boulevard ltd, Mr Osunda had in suit no FHC/PH/FHR/71/2017 sought the court to declare among other things that the continuous stay of the armed of 115 Special Operation Group, Nigerian Airforce , Port Harcourt at the main entrance of the 2nd applicant’s gate and within its premises on the order of the respondent is utra vires, null and void and beyond the statutory duties of the respondent

A declaration that the continues stay of the armed men of the respondent on issues bothering on contractual agreement is wrongful, unlawful and unconstitutional as it violates the applicants fundamental rights of freedom of movement , right to own property and right to personal liberty guaranteed by sections 34,35 and 44 of the constitution of the federal republic of Nigeria as amended

An order directing the respondent to immediately withdraw its men stationed at the main gate within the premises of the 2nd applicant at NAF base,Market junction, Rumuomasi, Aba road, Port Harcourt. “

An order of perpetual injunction restraining the respondent by itself , through its agents, officers and privies from further barricading the gate and within the premises of the 2nd applicant at the aforesaid place”


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