Restriction of Okada, Keke NAPEP: Court dismisses suit against Lagos govt

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A Federal High Court, sitting in Lagos, has dismissed a suit challenging the Lagos State Government’s restriction of commercial motorcycles (Okada) and tricycles (Keke NAPEP) from some of its roads.

Trial judge, Justice Akintayo Aluko, held that the applicant, Julius Ajibulu, failed in his bid to reverse the ban, which has been in place since 2018.

The judge held that the applicant also failed 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.

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Ajibulu had sued the Governor of Lagos State, Attorney General of Lagos State, Commissioner for Transportation, and Speaker, Lagos State House of Assembly, as 1st to fourth defendants, respectively, over the restriction of Okada and tricycles from some roads in the state, by the state government. 

The Lagos State on January 27, 2020, proscribed the operations of commercial motorcycles and tricycles  in six local government areas and nine local council development areas and 10 major highways across the state with effect from February 1, 2020.

But Ajibulu 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, Justice Aluko agreed with the defendants that Ajibulu’s case did not hold water. 

Justice Aluko, held: “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 trunks 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.”

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