Court Upholds LASG Ban On Okada, Tricycle, In 15 LGA |The Source

By Akinwale Kasali

Justice Liman of the Federal High Court, Ikoyi, Lagos, have dashed the hope of Okada  and Tricyclist operators  in the State.

The Judge affirmed the position of Governor Babajide Sanwo-Olu Government on restricting the use of motorcycles, tricycles as means of transportation within six Local Government Areas and Nine Local Council Development Areas in the State.

Justice Liman delivered the  judgement in Suit No. FHC/L/CS/173/2020 between Olukoya Ogungbeje V Lagos State Government & 7 Others, who had sued the State Government over the ban.

The Attorney General of Lagos State,  Moyosore Onigbanjo, a Senior Advocate of Nigeria, SAN, was in Court on Tuesday,  2nd February, to argue the originating summons which upheld the Executive Order as signed by Governor Sanwo-Olu.

The Court in its judgment assumed jurisdiction in the case on the premise that both the Federal High Court and State High Court exercise concurrent jurisdiction over Fundamental Human Right cases.

The  Judge held that the applicant who admitted being a car owner, and not a motorcycle or tricycle operator, cannot complain of his right in any form being infringed upon.

Justice Liman, dismissed the originating summons of the applicant for lacking merit.

He said 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 restriction of motorcycles, tricycles within 6 Local Government Area and 9 Local Council Development Area in the State is not an infringement on Fundamental Human Rights”, Justice Liman ruled.