Justice Akintayo Aluko of the Federal High Court sitting in Lagos State has dismissed a suit challenging the restriction of commercial motorcycles (okada) and tricycles (keke) on some major roads in Lagos.
Justice Aluko in his 27-page judgment held that the applicant failed to establish that the Lagos State Government has no power to ban the operation of tricycles and motorcycles in respect of designated roads in the state.
The suit was initiated by a Lagos State resident, Julius Ajibulu.
On January 27, 2020, the Lagos State Government had moved against okada and keke, 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.
However, the plaintiff sued the Governor of Lagos State, the Attorney General of Lagos State, Commissioner for Transportation and Speaker, and the Lagos State House of Assembly as the 1st to 4th defendants.
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.
In his judgment on the issue, Justice Aluko agreed with the plaintiff that section 4(3) of the constitution gives the National Assembly power to make laws concerning any matter in the exclusive legislative list to the exclusion of the Houses of Assembly of States.
“The Plaintiff has referred the court to items 11 and 63 of part 1 in the exclusive legislative list which have to do with construction, alteration and maintenance of such roads as may be declared by the National Assembly to be Federal trunk roads and traffic on Federal trunk roads.
“The Plaintiff has however failed to show to the court that all the over 40 roads and bridges listed in his reliefs are Federal trunk roads declared by the National Assembly as provided under items 11 and 63 in the Exclusive Legislative list under part 1 of the 2nd schedule to the Constitution.
“The Plaintiff failed to establish before the court that the provisions of sections 15, 16, 19, 46 and 68 of the Lagos State Transport Sector Reform Law 2018 were made to apply to the operations of tricycles and motorcycles in respect of the over 40 roads mentioned in his reliefs.”
The judge noted that Ajibulu “failed woefully” to prove his entitlement to the reliefs stated in the originating summons.
“The Plaintiffs have 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 an 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 the same is hereby dismissed,” he said.
