A Federal High Court in Lagos has sustained the Lagos State Government’s right to restrict commercial motorcycles (Okada) and tricycles (Keke Marwa) within six Local Government Areas (LGAs) and nine Local Council Development Areas (LCDAs) in the state.
Governor Babajide Sanwo-Olu had signed an Executive Order pursuant to Lagos State Transport Sector Reform Law. The order was in line with the commitment of government to return sanity to major roads and secure lives and property.
Justice Mohammed Liman upheld 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 by a lawyer, Olukoya Ogungbeje, challenging Governor Babajide Sanwo- Olu’s executive order authorising the restrictions.
Delivering the judgment in 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 ruled further 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 judge dismissed the applicant’s originating summons for lacking in merit.