Garage eviction notice: RTEAN drags NPA, Tenzik Energy to Court

By Ezurike Ugochukwu

Really disturbed by the recent eviction notice it received from the Nigerian Pots Authority(NPA) and  Tenzik Energy over a piece of land, the Road Transport Employers Association of Nigeria(RTEAN) KLT Phase 1, Chapel has sought relief of the Court.

The union members from the Kirikiri Lighter Terminal (KLT) Chapel RTEAN, have therefore filed a suit at the State High Court in Lagos

The piece of land located 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 sparked a protest by members .

Our correspondent gathered that the NPA has allegedly lease the controversial piece of land to Messrs. Tenzik Energy Limited for an undisclosed period.

In document sighted by Nation Update 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 however maintained that the claimants have no other place to go than to approach the court to protect them and their leaders from unlawful arrest, detention and forceful eviction from the facility by the NPA or Port Police officers.

He argued that the alleged threat, arrest and detention by management of NPA against leadership of RTEAN at KLT without court order is unlawful and unconstitutional, and 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 .

The document reads in part:

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,unlawful unconstitutional; as it violates the Applicants fundamental rights as guarantees under section 33 and 36 of the 1999 constitution of the Federal Republic of  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 transferring 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 INJUNCTION 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.