Justice Akintayo Aluko of a Federal High Court sitting in Lagos has thrown away a suit filed by a Lagos-based lawyer Julius Ajibulu challenging the Lagos State Government’s restriction of commercial motorcycles popularly known as Okada and tricycles (Keke NAPEP) from some of its roads.
The court held that Ajibulu “failed woefully” in his bid to reverse the ban which has been in place since 2018.
Justice Aluko further held that the lawyer also failed, among others, to establish that the state government has no power to ban tricycles and motorcycles on designated roads in the state.
The plaintiff had filed the suit marked FHC/L/CS/1389/2020 against the state governor, the state Attorney General, the Commissioner for Transportation and the Speaker, Lagos State House of Assembly as first to fourth defendants respectively.
Lagos State had on Monday, January 27, 2020, moved against commercial motorcycles (Okada) and tricycles (Keke NAPEP), proscribing their operations in six Local Government Areas, nine Local Council Development Areas and 10 major highways across the state with effect from February 1, 2020.
In addition, the government directed security operatives to embark on a total enforcement of the State’s Transport Sector Reform Law of 2018 to immediately address the chaos and disorderliness created by illegal operations of Okada and tricycle riders in restricted areas.
The government also banned Okada and tricycles from plying 40 bridges and flyovers across the State.
But Ajibulu in the suit contended that Sections 15, 16, 19, 46, and 68 of the Lagos State Transport Sector Reform Law 2018, violated Sections 1,4,5, and items 11 and 63 of the exclusive legislative list in part 1, second schedule to the Constitution.
He submitted that it also offended Section 10(3)(t) of the Federal Road Safety Commission (Establishment) Act, Section 92 of the FRSC (Establishment) Act, and Section 1 of the Federal Highways Act/Subsidiary Legislation Cap F13, LFN, 2004.
While delivering his judgment on January 12, 2023, the judge upheld the defendants’ argument that Ajibulu’s case did not hold water.
Justice Aluko said, “The plaintiff failed to establish before the court that the provisions of Sections 15, 16, 19, 46 and 68 of the Lagos State Transport Sector Reform Law 2018 were made to apply to the operations of tricycles and motorcycles in respect of the over 40 roads mentioned in his reliefs.”
