High court orders NAF to vacate business premises in Rivers

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”