Commercial Law

Federal court upholds Lagos restriction of Okada, Keke Marwa in parts of metropolis

Michael Ojo

A Federal High Court, Lagos on Wednesday February 3, 2021 affirmed the position of Lagos State Government restricting the use of Motorcycles, Tricycles as means of transportation within six Local Government Area and nine Local Council Development Areas in the State.

Justice Mohammed Liman delivered a ruling in Suit No. FHC/L/CS/173/2020 between Olukoya Ogungbeje V Lagos State Government & 7 Ors.

It will be recalled that the Attorney General of Lagos State, Mr Moyosore Onigbanjo SAN, was in court on Tuesday February 2 to argue the preliminary objection which upheld the Executive Order as signed by Governor Babajide Sanwo-Olu.

The Court in its judgment assumed jurisdiction in the case on the premise that both the Federal High Court and State High Court exercise concurrent jurisdiction over Fundamental Human Right cases.

The Presiding Judge, Hon. Justice Liman held that the applicant who admitted being a car owner and not a Motorcycle or Tricycle operator cannot complain of his right in any form being infringed upon.

Justice Liman, dismissed the originating summons of the applicant for lacking merit.

He said, the applicant failed to place material facts to support his deposition as well as provide evidence for the alleged death of a person at Iyana Ipaja.

“The restriction of Motorcycles, Tricycles within 6 Local Government Area and 9 Local Council Development Area in the State is not an infringement of Fundamental Human Rights”, Justice Liman ruled.

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