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Court strikes out lawsuit seeking a reversal of Okada ban in Lagos

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A lawsuit filed by a Lagos resident, Julius Ajibulu, in search of to reverse the Lagos State Authorities’s restriction of business bikes (okada) and tricycles (keke) on a few of its roads, has been struck out by a Federal Excessive Court docket sitting in Lagos State.

 

Submitting a lawsuit in opposition to the ban instituted in 2020, the plaintiff claimd that sections 15, 16, 19, 46 and 68 of the Lagos State Transport Sector Reform Legislation 2018 violated sections 1, 4, 5, gadgets 11 and 63 of the unique legislative listing partially 1, second schedule to the structure.

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He argued that it additionally offended part 10(3)(t) of the Federal Street Security Fee (Institution) Act, Part 92 of the Federal Street Security Fee (Institution) Act, and Part 1 of the Federal Highways Act/Subsidiary Laws Cap F13, LFN, 2004.

 

Within the 27-page judgement, Justice Akintayo Aluko held that the applicant failed to ascertain that the Lagos State Authorities has no energy to ban the operation of tricycles and bikes in respect of designated roads within the state.

 

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Aluko mentioned; 

 

“The Plaintiff has referred the court docket to gadgets 11 and 63 of half 1 within the unique legislative listing which should do with development, alteration and upkeep of such roads as could also be declared by the Nationwide Meeting to be Federal trunk roads and visitors on Federal trunks roads.

“The Plaintiff has nonetheless failed to indicate to the court docket that every one the over 40 roads and bridges listed in his reliefs are Federal trunk roads declared by the Nationwide Meeting as offered beneath gadgets 11 and 63 within the Unique Legislative listing beneath half 1 of the 2nd schedule to the Structure.

“The Plaintiff failed to ascertain earlier than the court docket that the provisions of sections 15, 16, 19, 46 and 68 of the Lagos State Transport Sector Reform Legislation 2018 have been made to use to the operations of tricycles and bikes in respect of the over 40 roads talked about in his reliefs.

“The Plaintiffs has failed to ascertain that the State Home of Meeting has no energy to have made the legislation in competition and has equally failed to ascertain that the State authorities has no energy to ban the operation of tricycles and bikes in respect of the designated roads in Lagos State.

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“Granting the reliefs of the Plaintiff with out inserting any credible proof earlier than the court docket is tantamount to stopping the State Home of Meeting from making legal guidelines for the peace, order and good authorities of the state or any half thereof and interesting in such enterprise will undoubtedly represent a violation of and quantity to overrunning Part 4(7)CFRN, 1999 (as amended).

“That’s forbidden and this court docket won’t enterprise into such unconstitutional enterprise.

“Coming from the foregoing, the Plaintiff has did not show his case by credible proof as required by legislation.

“Accordingly, the case of the Plaintiff lacks advantage and similar is hereby dismissed.”

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