A Federal High Court, sitting in Lagos, has upheld the Lagos State government’s right to restrict commercial motorcycles (Okada) and tricycles (Keke Marwa) within six local government areas and nine Local Council Development areas, LCDAs, in the state.
Justice
Mohammed Liman agreed with the arguments of Lagos State Attorney-General,
Moyosore Onigbanjo, SAN that the restriction of motorcycles and tricycles on
major roads in the state is in line with the provisions of the Transport Sector
Reform Law, 2018.
The judge
dismissed for want of merit, a fundamental rights suit filed by a lawyer,
Olukoya Ogungbeje, challenging Governor Babajide Sanwo-Olu’s executive order
authorising the restrictions.
While
delivering judgement in a Suit no. FHC/L/CS/173/2020 between Olukoya Ogungbeje
V Lagos State Government & 7 Ors, the court said it assumed jurisdiction in
the case on the premise that both the Federal High Court and State High Court
exercise concurrent jurisdiction over fundamental human rights cases.
“The
restriction of motorcycles, tricycles within six Local Government Areas and
nine Local Council Development Areas in the State is not an infringement of
Fundamental Human Rights,” Justice Liman held.
He said that
Ogungbeje, who admitted being a car owner and not a motorcycle or tricycle
operator, could not complain of his right in any form being infringed on by the
executive order.
Justice
Liman, dismissed the applicant’s originating summons for lacking in merit.
No comments:
Post a Comment