RTEAN Drags NPA , Tenzik Energy To High Court Over Garage Eviction Notice At KLT
Some members of the Kirikiri Lighter Terminal (KLT) Chapel, Road Transport Employers Association of Nigeria (RTEAN), has filed a suit against the Nigerian Ports Authority (NPA) and Tenzik Energy Limited over the controversial eviction notice of a piece of land along the Apapa Oshodi Expressway, by Sunrise bus stop in Lagos.
The NPA recently issued a 7 – day notice for the trucking association at the chapter level to vacate the facility which in turn spark a protest by members .
The case is expected to come up at the State High Court in Lagos.
Our correspondent gathered that the NPA has allegedly lease the controversial piece of land to Messrs. Tenzik Energy Limited for an undisclosed period.
According to a document made available to DAILYFOCUS NIGERIA exclusively in Lagos, the originating summons by the claimants seek for perpetual injunction restraining the NPA from intimidating , detaining or threatening the applicants from their daily source of livelihood.
The document also seek the competent court to also direct NPA to negotiate with members of the association on terms and conditions for allocating the piece of land to the claimants.
Counsel to RTEAN , Chief Anayo Emeanua in the document further maintained that the claimants have no other place to go than to approach the court in furtherance to protect them and their leaders from unlawful arrest, detention and forceful eviction for the facility by the NPA or Port Police officers.
The counsel argued that the alleged threat , arrest and detention by management of NPA against leadership of RTEAN at KLT without court order is illegally unlawful and unconstitutional, saying it violates the applicants fundamental rights as guaranteed in section 33, 34, 35 , 36 and 41of the 1999 constitution of the Federal Republic of Nigeria as amended .
Some portion of the document reads it bits:”
DECLARATION that the threats of forceful eviction of the Applicants without cause is illegal, wrongful, unlawful, unconstitutional as it violates the applicants fundamental rights guarantee under section 43 and 44 of the 1999 constitution of the Federal Republic of Nigeria (as Amended).
- A DECLARATION that the threats and continuous threats to the lives of the
Applicants by the Agents of the Respondents without cause is illegal wrongful
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unlawtul unconstitutional; as it violates the Applicants fundamental rights as
guarantees under section 33 and 36 of the 1999 constitution of the Federal
Republic of the Nigeria (as amended).
- AN ORDER granting protective order to the Claimants/ Applicants to remain and continue in occupation of the piece of Land which was part of the proposed HBX Terminal which was allocated to the Claimants/ Applicants since 2009 by the 1st Defendant Respondent pending the order and determination of this suit by the Honourable Court.
- AN ORDER restraining the 1st and 2nd Defendants, their Agents and privy or
any person acting under their and/or their instruction (s) from dealing with
by way of Lease or alienating or parting or transterring the said piece of land
aforementioned property to any third party without giving the Claimants/ Applicants the Right of First Refusal.
- AN ORDER of this Honourable Court directing the 1st Defendant/ Respondent
to enter into negotiation on the conditions and terms of formally allocating the said piece of Land to the claimants/ Applicants for the purpose of continuing their transportation business on the said property.
AN ORDER OF PERPETUAL INJUCTION restraining the Respondents.Whether by themselves, their agents, officers servants and/or privies or anybody deriving authority from them by whatever name called from further harassing intimidating arresting detaining threatening inviting investigating charging sexing or taking any untoward action against the applicants and /or any of their members on any fact connected with or elated to the facts of this case.
By Roland Ekama
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