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  • 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”

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