The restriction placed on commercial motorcycles (Okada) and tricycles (Keke Marwa) within six Local Government Areas and nine Local Council Development Areas in Lagos State has been upheld by a Federal High Court in the state.
Justice Mohammed Liman upheld that Lagos State Government had the right to restrict Okada and Keke Marwa in the affected local government and councils.
Governor Babajide Sanwo-Olu had signed an Executive Order pursuant to Lagos State Transport Sector Reform Law restricting the movement of Okada and Keke Napep in the 15 councils in January 2020.
But a lawyer, Olukoya Ogungbeje, approached the court to challenge the Executive Order.
The Lagos State Attorney-General and Commissioner for Justice, Mr. Moyosore Onigbanjo SAN, on Tuesday, filed a notice of preliminary objection and counter affidavit in the Fundamental Human Rights’ application.
While delivering judgment, Liman upheld the arguments of Onigbanjo that the restriction of motorcycles and tricycles on major roads in the state is in line with the provisions of the Transport Sector Reform Law, 2018.
The judge dismissed for want of merit, a fundamental rights suit by a lawyer, Olukoya Ogungbeje, challenging Governor Babajide Sanwo- Olu’s executive order authorising the restrictions.
Delivering the judgement in Suit no. FHC/L/CS/173/2020 between Olukoya Ogungbeje V Lagos State Government & 7 Ors, the court said, “The restriction of motorcycles, tricycles within six Local Government Areas and nine Local Council Development Areas in the State is not an infringement of Fundamental Human Rights.”
He ruled further 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 judge dismissed the applicant’s originating summons for lacking in merit.
Earlier, Onigbanjo, representing the State Government before the Court, argued that the Executive Order restricting the use of Motorcycles and Tricycles is in accordance with the Law, noting that the Government has also filed a written address in opposition to the originating summons of the applicant.
The Commissioner implored the Court to dismiss the originating summons, saying that the restriction of Motorcycles and Tricycles on major roads in the State is in line with the provisions of the Transport Sector Reform Law, 2018.
