Justice Mohammed Liman of a Federal High Court in Lagos has affirmed the ban imposed on the use of motorcycles and tricycles as means of transportation within six Local Governments and nine Local Council Development Areas by the Lagos State government.
Delivering judgement in a suit filed by a lawyer, Olukoya Ogungbeje, to challenge the government’s action, the judge said the ban does not constitute any infringement on citizens’ fundamental rights.
Justice Liman delivered judgement in the suit after assuming jurisdiction on the premise that both the Federal and State High Courts exercise concurrent jurisdiction over fundamental human right cases.null
The judge, while dismissing Ogungbeje’s originating summons for lacking in merit, 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 also added that 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 and tricycles within six Local Governments and nine Local Council Development Areas in the state is not an infringement of fundamental human rights,” Justice Liman held.null
In the suit marked FHC/L/CS/173/2020, Ogungbeje argued that the executive ban on commercial tricycles and Okada issued by the Governor of Lagos State, Babajide Sanwo-Olu, was not backed by any court order and grossly violated Section 41 of the Constitution.
He contended that the ban had visited untold hardship on him and other law-abiding Nigerians living in Lagos.
The Lagos State Government, Lagos State Task Force on Environmental and Special Offences Unit, Lagos State Traffic Management Authority, Attorney General of Lagos State, Commissioner of Police in Lagos State; the Vehicle Inspection Service as well as the Lagos State Ministry of Transportation were joined as co-respondents in the suit.
News Telegraph
