Civil Rights Lawyer, Barr. Festus Keyamo, has again sent a protest letter to President Muhammadu Buhari and the Chief of Army Staff,Lieutenant General TukurYusuf Burataiover alleged unjust invasion and continued armed military presence at the Borokiri Coastal Fisheries Terminal in Port Harcourt, Rivers State against the Federal Government tenancy agreement reached with an indigenous company known as Black spring Nigeria Limited.According to Keyamo, though the indigenous company, Black Spring, applied in January 2016 to the Federal Ministry of Agriculture and Natural Resources for approval to manage the Borokiri Coastal Fisheries Terminal in Port Harcourt on two years lease and secured approval in April 2016 and paid the agreed N15million annually, a deployment of armed soldiers led by Lt.Col. Opurum and a Civilian, Ayakpo Wilson Dauyegha on the 5thof December,2016 forceful ejected the workers of the company on the alleged order of the Minister of State for Agriculture, Senator Heineken Lokpobiri.Barr. Festure Keyamo, in the protest letter to the President, Muhammadu Buhari, the Chief of Army Staff, the Leadership of the National Assembly and the Garrison Commander of the 6thDivision of the Nigerian Army, Bori-Camp, dated 4thof January,2017, stated that the alleged action of the armed soldiers under the alleged directive of the Minister of State for Agriculture is a violation of the valid agreement reached with its client and unlawful.The petition, which was signed on behalf of the Festus Keyamo Chambers, by Barr. Festus Keyamo, Mathew Omonade and Samuel Esharefasa, notified the authorities of the Nigerian Army in Rivers State thatsequel to the preceding paragraph, a petition dated 12thDecember,2016,was sent to the General Officer Commanding 6thDivision, Nigerina ARMY, Bori camp, requesting the General Officer Commanding to order your predecessor to deliver possession of the Bokokiri Coastal Fisheries Terminal, Port Harcourt back to our client. And based on our letter dated 12thof December,2016,our client was allowed to take possession of the Borokiri Coastal Fisheries Terminal on the 19thof December,2016.That surprisingly, as soon as our client was allowed possession into the Borokiri Coastal Fisheries Terminal, Port Harcourt by your predecessor, Lt. Col. Opurum, Senator Heineken Lokpobiri and the South- South Regional Director of the Ministry of Agriculture, Mr. Mike Brooks, at all cost for their personal aggrandizement and without wanting to adhere to due process of the law, were demented at your predecessor, Lt. Col. Opurum for not allowing himself to be used as a stooge.That few weeks after our client took over possession, LT. Col. Opurum was transferred, with you appointed as the new Garrison Commander. That to keep their unlawful act of gross disregard for the rule of law and using the military as a tool in violating the due process of law, on the 27thday of December,2016,few days after our client took possession, heavily armed military officers acting on your directive invaded the Borokiri Coastal Fisheries Terminal and ordered the employees of our client to leave the property and till date, the Borokiri Coastal Fisheries Terminal has been under Military siege at your instance.That sequel to your action above, one of the Directors of our client approached you with documents and receipts evidencing the facts that our client was in lawful possession of the Borokiri Coastal Fisheries Terminal which was unlawfully invaded by you and same was flagrantly ignored by you. Drawing your attention to paragraph a of the covenant of the Ministry of Agriculture and Rural Development as explicitly contained in the agreement dated 13thApril,2016,between the Ministry and our client, stated that the Tenant on paying the rent and performing the covenant contained in this agreement shall peacefully hold and enjoy the property for the whole term created under the agreement without any interruption by the landlord or any person claiming through under or in trust for it.we wish to state that your actions are absolutely illegal, unlawful, unconstitutional, unprofessional, incomprehensible and untenable in a sane and civilized society. Our position is based on Nigerian Law as stated by Justice Oladiran Kazeem (JSC) concurring with the lead judgment of Hon. Justice Andrew Obaseki (JSC) in case of Obeya Memorial Hospital vs AG, Federation (1987) 3 NWLR, PT.60,Page 349, paragrapgh G-H. The above point was earlier given credence to by the Supreme Court in Military Governor of Lagos State vs Ojukwu&Anor (1986)2, NWLR,PT.10,Page 806,Particularly at Ratio 6.In the light of the above, we request you to, within 48 hours upon service of this letter on you, order your officers to vacate the Borokiri Coastal Fisheries Terminal, Port Harcourt, Rivers State and desist from further depriving our client access to the Borokiri Coastal Fisheries Terminal. Take Notice that if you fail to heed to our above mentioned demands, we shall be left with no other option but to commence legal action against you, in your personal capacity, and the Nigerian Army for trespass, which shall be inclusive of sundry monetary damages.
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