Vacate Rivers Shopping Mall, Court Orders NAF

A Federal High Court sitting in Port Harcourt, the Rivers State capital has ordered men of the Nigerian Air Force (NAF) to vacate the premises of Blue Boulevard Limited, a multi-shopping complex on Port Harcourt-Aba Expressway by Rumuomasi Market Junction.
The presiding Judge, Justice Hillary Oshomah, who gave the order in an application filed by Peter Osunde (1st Applicant), and Blue Boulevard Limited (2nd Applicant) against Nigerian Air Force Properties Limited, said the continued stay of men of the Air Force at the business premises was ultra vires and beyond her statutory responsibilities.
While delivering the judgment, Oshomah said, “It is hereby declared by the order of this Honourable Court that the continuous stay of armed men of 115 Special Operations Group, Nigerian Air Force, Port Harcourt, at the main entrance of the 2nd Applicant’s gate, and within its premises on the orders of the respondents is ultra vires, null and void, and beyond the statutory duties of the respondents.”
The judge further ruled “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”.
Oshomah also said that “the respondent is hereby directed to immediately withdraw its men stationed at the main gate and within the premises of the 2nd applicant at NAF Base, Market Junction, Rumoumasi, Aba Road, Port Harcourt, Rivers State.
The judge granted “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”, he added.
Oshomah further lashed out 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.
It would be recalled that men of the Nigerian Air Force shut down activities at the business premises since April 11 this year.
Explaining their plight to newsmen, Managing Director of the firm, Mr Sam Orzo, said they were building about 2,000 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 losses running into billions of naira from the actions of the security operatives”, he said.
The Group Managing Director of Blue Boulevard Limited, Mr Peter Osunde, had in suit No FHC/PH/FHR/71/2017, sought the court’s order declaring, among other things, that the continuous stay of the armed men of 115 Special Operations Group, Nigerian Air Force, Port Harcourt at the main entrance of the 2nd applicant’s gate and within its premises on the orders of the respondent was ultra vires, null and void and beyond the statutory duties of the respondent.
Osunde also sought a declaration that the continued stay of the armed men of the respondent on issues bothering on contractual agreement was 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.
The applicants further sought an order directing the respondent to immediately withdraw its men stationed at the main gate and within the premises of the 2nd applicant at NAF Base, Market Junction, Rumuomasi, Aba Road, Port Harcourt.
The GMD, therefore, asked for “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”.