Lagos Law-Suit on Okada ban marked for accelerated hearing

FOLLOWING the recent violent reactions that greeted the enforcement of Lagos State government’s ban on commercial motorcycle operators on some federal highways in the state, a Lagos State High Court, Ikeja has granted accelerated hearing to the suit filed by the operators against the ban.

Trial judge, Aishat Opesanwo made the order yesterday after hearing from counsel on the matter.

The operators, under the aegis of the All Nigerian Autobike Commercial Owners and Workers Association (ANACOWA), had in the suit argued that some of the roads in the restricted list were federal roads listed under the Federal Highways Act, cap F13, Laws of the Federation of Nigeria, 2004.

They had prayed the court to declare section 3 (1) of the law, which prohibits the riding, driving or propelling of a cart, wheel barrow, motorcycle or tricycle on the major highways in Lagos, as unconstitutional.

The commercial motorcycle operators further asked for a declaration that the defendants have no power whatsoever to make any law to regulate traffic on any of the federal trunk or highway roads.

The claimants also argued that restricting their operations on the said roads would violate their rights to freedom of movement, guaranteed by section 41(1) of the Constitution of the Federal Republic of Nigeria, 1999 as amended.

But at the hearing of the matter, which had the Lagos State Government, the Lagos State House of Assembly and the Attorney-General of Lagos State, Mr. Ade Ipaye as defendants, counsel to the claimants, Bamidele Aturu, informed the court of their intention to withdraw their interlocutory application in order to allow for an accelerated hearing of the manner.

He urged the Lagos State government yesterday to halt the implementation of the ban while briefing newsmen in Lagos, saying the government ought to have waited for the outcome of the suit filed by the commercial motorcyclist against the Lagos State Traffic Law 2011, before going ahead with its implementation.

According to him, the commercial motorcyclists’ case is in court and in fact came up today before Justice Opesanwo of an Ikeja High Court. More