A Federal High Court in Lagos has struck out a suit against the Lagos State Government’s restriction order on commercial motorcycles known as Okada and tricycles popularly called Keke in some of the city’s major roads.
A Lagos resident, Julius Ajibulu, has dragged the Lagos State government before the court presided over by Justice Akintayo Aluko.
The Governor of Lagos State, the Attorney General of Lagos State, Commissioner for Transportation and Speaker, Lagos State House of Assembly were defendants in the suit marked FHC/L/CS/1389/2020.
In his judgement, Justice Aluko ruled that the plaintiff had failed among others, to establish that the Lagos State government has no power to ban the operation of tricycles and motorcycles in respect of the designated roads in the state.
The plaintiff contended that sections 15, 16, 19, 46 and 68 of the Lagos State Transport Sector Reform Law 2018, violated sections 1,4,5, items 11 and 63 of the exclusive legislative list in part 1, second schedule to the constitution.
He argued that it also offended section 10(3)(t) of the Federal Road Safety Commission (Establishment) Act, section 92 of the Federal Road Safety Commission (Establishment) Act, and section 1 of the Federal Highways Act/Subsidiary Legislation Cap F13, LFN, 2004.
The judge ruled: the plaintiff “failed woefully to prove his entitlement to the reliefs stated in the originating summons.
“The plaintiff has failed to establish that the State House of Assembly has no power to have made the law in contention and has equally failed to establish that the State government has no power to ban the operation of tricycles and motorcycles in respect of the designated roads in Lagos State.
“Granting the reliefs of the Plaintiff without placing any credible evidence before the court is tantamount to preventing the State House of Assembly from making laws for the peace, order and good government of the state or any part thereof and engaging in such venture will undoubtedly constitute a violation of and amount to overrunning section 4(7)CFRN, 1999 (as amended).
“That is forbidden and this court will not venture into such unconstitutional enterprise.
“Coming from the foregoing, the plaintiff has failed to prove his case by credible evidence as required by law. Accordingly, the case of the Plaintiff lacks merit and same is hereby dismissed.”
It would be recalled that the Lagos State on Monday, January 27, 2020, moved against commercial motorcycles (Okada) and tricycles (Keke NAPEP), proscribing their operations in six Local Government Areas (LGAs), nine Local Council Development Areas (LCDAs) and 10 major highways across the state with effect from February 1, 2020.
The government directed security operatives to embark on a total enforcement of the State’s Transport Sector Reform Law of 2018 to immediately address the chaos and disorderliness created by illegal operations of Okada and tricycle riders in restricted areas.
The government also banned Okada and tricycles from plying 40 bridges and flyovers across the State.