The Lagos State Government on Tuesday asked a Federal High Court
(FHC) to dismiss a suit challenging its purported plan to introduce a N500 toll
for motorists using the new Lekki-Ikoyi Bridge.
(FHC) to dismiss a suit challenging its purported plan to introduce a N500 toll
for motorists using the new Lekki-Ikoyi Bridge.
Mr Olarewanju Akinsola, Counsel to the government, told Justice
Saliu Saidu of the FHC in Lagos that the suit was premature and denied
allegations that N500 had been fixed as toll to be collected.
Saliu Saidu of the FHC in Lagos that the suit was premature and denied
allegations that N500 had been fixed as toll to be collected.
In his preliminary objection and counter affidavit filed before
the court, Akinsola noted that the project was yet to be completed and handed
over to the State Government.
the court, Akinsola noted that the project was yet to be completed and handed
over to the State Government.
He said the suit, filed by the applicant was like “jumping
the gun”, as the government was yet to take a decision on whether or not
to collect toll on the bridge.
the gun”, as the government was yet to take a decision on whether or not
to collect toll on the bridge.
“The action is premature and devoid of basis,” the lawyer
submitted.
submitted.
Saidu in his ruling, said he would treat all the respondents’
processes together and adjourned the case to March 21 for hearing of all pending
applications.
processes together and adjourned the case to March 21 for hearing of all pending
applications.
The News Agency of Nigeria (NAN) reports that the plaintiff, Mr
Ebun-Olu Adegboruwa, had sued the government over the proposed collection of
N500 toll on the newly constructed Lekki-Ikoyi Bridge.
Ebun-Olu Adegboruwa, had sued the government over the proposed collection of
N500 toll on the newly constructed Lekki-Ikoyi Bridge.
The applicant, through his counsel, Mrs Oreka Adegboruwa , in
suit No. FHC/L/CS/1405/2012, is seeking an injunction restraining the
government from collecting any toll from motorists on the bridge.
suit No. FHC/L/CS/1405/2012, is seeking an injunction restraining the
government from collecting any toll from motorists on the bridge.
Joined as respondents in the suit is the Attorney General of the
Federation and the National Inland Waterways Authority (NIWA).
Federation and the National Inland Waterways Authority (NIWA).
Adegboruwa, a human rights activist, stated in the originating
summons that reports on the proposed toll collection was published by the
Guardian Newspaper of Oct. 8, 2012.
summons that reports on the proposed toll collection was published by the
Guardian Newspaper of Oct. 8, 2012.
Adegboruwa argued that a toll of N500 per vehicle was uncalled
for in view of the hardship, hunger and unemployment in Nigeria.
for in view of the hardship, hunger and unemployment in Nigeria.
He claimed that the bridge was built on a federal navigable
waterway belonging to the Federal Government.
waterway belonging to the Federal Government.
Adegboruwa also asked the court to determine whether the Lagos
State Government had the power to erect a structure such as a bridge over the
Lagos and Lekki Lagoon, categorised by law as federal navigable waterways.
State Government had the power to erect a structure such as a bridge over the
Lagos and Lekki Lagoon, categorised by law as federal navigable waterways.
He also wanted the court to determine whether the State
Government was competent to impose any toll or tax on such a bridge.
Government was competent to impose any toll or tax on such a bridge.
According to him, the collection of such a toll or tax from
Nigerians contravenes their fundamental right to free movement.
Nigerians contravenes their fundamental right to free movement.
“Imposition of such a levy on road users will prevent them from
using the bridge and constitute discrimination and violation of the rights of
the road users,’’ the human rights activist said.
using the bridge and constitute discrimination and violation of the rights of
the road users,’’ the human rights activist said.
The applicant seeks a declaration that the imposition of a toll,
fee or tariff on road users is illegal and inconsistent with Nigeria’s
Constitution.
fee or tariff on road users is illegal and inconsistent with Nigeria’s
Constitution.
Source: Leadership
