The enactment of a new traffic law
in the state appeared to have drawn the flaks of the commercial motorcyclists
popularly known as Okada riders who yesterday dragged the Lagos State
Government to court to challenge the legality of the Lagos State Road Traffic
Law, No 4 of 2012.
in the state appeared to have drawn the flaks of the commercial motorcyclists
popularly known as Okada riders who yesterday dragged the Lagos State
Government to court to challenge the legality of the Lagos State Road Traffic
Law, No 4 of 2012.
In a Suit No ID/713M/2012 filed at
Ikeja High Court against Lagos State Government, the Attorney General of Lagos
State and Lagos State House of Assembly filed by Mr. Bamidele Aturu, solicitor
to Incorporated Trustees of All Nigerians Auto-bike Commercial Owners and
Workers Association, the complainants affirmed that the state government
erred in law by arrogating the powers to ban their operations in the state.
Ikeja High Court against Lagos State Government, the Attorney General of Lagos
State and Lagos State House of Assembly filed by Mr. Bamidele Aturu, solicitor
to Incorporated Trustees of All Nigerians Auto-bike Commercial Owners and
Workers Association, the complainants affirmed that the state government
erred in law by arrogating the powers to ban their operations in the state.
In the suit, the plaintiff among
others declared,” that the Major Highways in Lagos listed in Items 1-11 and
other part of Schedule II to the Lagos State Road Traffic Law, No 4 of 2012 are
Federal Trunk or Highway Roads within the meaning of the Federal Highways Act,
cap F13, Laws of the Federation of Nigeria, 2004.
others declared,” that the Major Highways in Lagos listed in Items 1-11 and
other part of Schedule II to the Lagos State Road Traffic Law, No 4 of 2012 are
Federal Trunk or Highway Roads within the meaning of the Federal Highways Act,
cap F13, Laws of the Federation of Nigeria, 2004.
They contended that,”
section 3(1) of the Lagos State Road Traffic Law, No 4 of 2012 to the extent that
it prohibits the riding, driving or propelling of a cart, wheel barrow,
motorcycle or tricycle on the Major Highways in Lagos listed in Items 1-11 and
other parts of Schedule II thereto which Major Highways are Federal Trunk or
Highway Roads within the meaning of the Federal Highways Act, cap F13, Laws of
the Federation of Nigeria, 2004 is in fundamental conflict with section 4(3) of
the Constitution of the Federal Republic of Nigeria, 1999 as amended and is
therefore ultra vires, illegal, unlawful, unconstitutional, null, void,
oppressive, inoperative and of no effect whatsoever.
section 3(1) of the Lagos State Road Traffic Law, No 4 of 2012 to the extent that
it prohibits the riding, driving or propelling of a cart, wheel barrow,
motorcycle or tricycle on the Major Highways in Lagos listed in Items 1-11 and
other parts of Schedule II thereto which Major Highways are Federal Trunk or
Highway Roads within the meaning of the Federal Highways Act, cap F13, Laws of
the Federation of Nigeria, 2004 is in fundamental conflict with section 4(3) of
the Constitution of the Federal Republic of Nigeria, 1999 as amended and is
therefore ultra vires, illegal, unlawful, unconstitutional, null, void,
oppressive, inoperative and of no effect whatsoever.
“That the Defendants have no power
whatsoever to make any law to regulate traffic on any of the Federal Trunk or
Highway Roads listed in Schedule II to the Lagos State Road Traffic Law, No 4
of 2012 and in the Federal Highways Act, cap F13, Laws of the Federation of
Nigeria, 2004 and that section 3(1) of the said Lagos State Road Traffic Law,
No 4 of 2012 to the extent that it prohibits the riding, driving or propelling
of a cart, wheel barrow, motorcycle or tricycle on any Federal Trunk or Highway
Road is in fundamental conflict with section 4(3) of the Constitution of the
Federal Republic of Nigeria, 1999 as amended.”
whatsoever to make any law to regulate traffic on any of the Federal Trunk or
Highway Roads listed in Schedule II to the Lagos State Road Traffic Law, No 4
of 2012 and in the Federal Highways Act, cap F13, Laws of the Federation of
Nigeria, 2004 and that section 3(1) of the said Lagos State Road Traffic Law,
No 4 of 2012 to the extent that it prohibits the riding, driving or propelling
of a cart, wheel barrow, motorcycle or tricycle on any Federal Trunk or Highway
Road is in fundamental conflict with section 4(3) of the Constitution of the
Federal Republic of Nigeria, 1999 as amended.”
