A Federal High Court, sitting in Lagos, has upheld the Lagos State government’s right to restrict commercial motorcycles (Okada) and tricycles (Keke Marwa) within six local government areas and nine Local Council Development areas, LCDAs, in the state.
Justice Mohammed Liman agreed with the arguments of Lagos State Attorney-General, Moyosore Onigbanjo, SAN, that the restriction of motorcycles and tricycles on major roads in the state is in line with the provisions of the Transport Sector Reform Law, 2018.
The judge dismissed for want of merit, a fundamental rights suit filed by a lawyer, Olukoya Ogungbeje, challenging Governor Babajide Sanwo-Olu’s executive order authorising the restrictions.
While delivering judgment in a 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.
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“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 said that Ogungbeje, who admitted being a car owner and not a motorcycle or tricycle operator, could not complain of his right in any form being infringed on by the executive order.
Justice Liman, dismissed the applicant’s originating summons for lacking in merit
