Wale Jagun
The Federal High Court in Lagos has upheld the power of the Lagos State Government to restrict commercial motorcycles, popularly known as ‘Okada’, and tricycles also known as ‘Keke Marwa’, within six Local Government Areas (LGAs) and nine Local Council Development Areas (LCDAs) in the state.
Justice Liman, the presiding judge dismissed Barr. Olukoya Ogungbeje’s application on fundamental human rights against the executive order of the Governor of Lagos State for want of merit.
Governor Babajide Sanwo-Olu had signed an Executive Order pursuant to Lagos State Transport Sector Reform Law. The order was said to be in line with the commitment of the government to return sanity to major roads and secure lives and property.
Affected Local Government Areas are Ikeja, Lagos Mainland, Lagos Island, Apapa, Surulere and Eti Osa.
While the Local Council Development Areas (LCDAs) that are also affected by the order are Apapa Iganmu LCDA, Yaba LCDA, Itire-Ikate LCDA, Coker-Aguda LCDA, Onigbongbo LCDA, Ojodu LCDA, Obalende LCDA, Iru/Victoria Island LCDA and Lagos Island East LCDA.
Delivering the judgment in Suit no. FHC/L/CS/173/2020 between Olukoya Ogungbeje V Lagos State Government & 7 Ors, the court said it assumed jurisdiction in the case on the premise that both the Federal High Court and State High Court exercise concurrent jurisdiction over fundamental human rights cases.
“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,”, Justice Liman held.
He ruled further 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 judge dismissed the applicant’s originating summons for lacking in merit.
