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Courtroom overturns lawsuit looking for cancellation of Okada ban in Lagos

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

A lawsuit by Lagos resident Julius Ajibulu looking for to overturn the Lagos State authorities’s restriction on industrial motorbikes (okada) and tricycles (keke) on a few of its roads has been dismissed by a Federal Excessive Courtroom sitting in Lagos State.

Initiating authorized motion towards the ban instituted in 2020, the plaintiff claimed that sections 15, 16, 19, 46 and 68 of the Lagos State Transport Sector Reform Act 2018 violated sections 1, 4, 5, gadgets 11 and 63 of the unique legislative checklist. in Half 1, Second Schedule to the Structure.

He argued that this additionally violated Part 10(3)

Within the 27-page judgement, Choose Akintayo Aluko discovered that the plaintiff had failed to determine that the Lagos State authorities lacked the facility to ban the using of tricycles and motorbikes on designated roads of State.

Aluko stated;

“Plaintiff referred the court docket to Sections 11 and 63 of Half 1 of the Unique Legislative Listing which relate to the development, alteration and upkeep of highways which can be declared by the Nationwide Meeting as Federal Trunk Highways and visitors on federal highways main highways.

“The plaintiff has nonetheless failed to indicate the court docket that the greater than 40 roads and bridges listed in its reliefs are nationwide roads declared by the Nationwide Meeting, as supplied for in gadgets 11 and 63 of the unique legislative checklist underneath the Half 1 of the 2nd Schedule to the Structure.

“The Claimant has failed to determine in court docket that the provisions of Sections 15, 16, 19, 46 and 68 of the Lagos State Transport Sector Reform Act 2018 utilized to the operations of tricycles and bikes with regard to greater than 40 routes. talked about in its reliefs.

“The plaintiffs have failed to determine that the State Home of Meeting lacked the facility to have made the regulation in dispute, nor have they failed to determine that the state authorities didn’t no authority to ban the usage of tricycles and motorbikes with respect to designated roads in Lagos State.

“To grant plaintiff’s reparations with out presenting any credible proof in 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 to interact in such an endeavor will undoubtedly be a breach and override of Part 4(7)CFRN, ​​1999 (as amended).

“It’s prohibited and this court docket won’t enterprise into such an unconstitutional enterprise.

“From the above, the plaintiff has did not show his case with credible proof as required by regulation.

“Accordingly, the plaintiff’s case is with out advantage and the plaintiff’s case is hereby dismissed.”

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