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COURT UPHOLDS OKADA, KEKE RESTRICTION IN LAGOS

A Federal High court in Lagos has affirmed the Lagos State Government's order restricting the operation of motorcycles (Okada) and tricycle (Keke Marwa) within six local government areas and nine Local Council Development areas in the state.


The Lagos State Government had in January 2020 enforced a law that restrains the operation of both Okada and Keke Marwa in the areas.


The affected LGs are the state capital Ikeja, Lagos Mainland, Lagos Island, Apapa, Surulere and Eti Osa. The ban came into effect on February 1.


Read Also: LAGOS COUNCIL BANS DANFO, OKADA, KEKE MARWA


The ban affects the local council development areas (LCDAs) under the LGs. They are Apapa LG- Apapa Iganmu LCDA, Lagos Mainland LG – Yaba LCDA, Surulere LG- Itire-Ikate and Coker-Aguda LCDAs, Ikeja LG- Onigbongbo and Ojodu LCDAs, Eti-Osa LG- Ikoyi-Obalende and Iru/Victoria Island LCDAs, Lagos Island LG- Lagos Island East LCDA.


Gbenga Omotosho, Commissioner for Information and Strategy, said that the riders must not ply 10 major highways and 40 bridges and flyovers across the State.


Presiding over the case, Justice Mohammed Liman stated that the restriction is in line with the provisions of the Transport Sector Reform Law, 2018.


The judge also dismissed for lack of merit, a fundamental rights suit filed by a lawyer, Olukoya Ogungbeje, seeking to reverse the ban by Governor Babajide Sanwo-Olu.


Read Also: COURT FIXES DECEMBER 15 TO HEAR SUIT AGAINST BAN OF OKADA, KEKE MARWA IN LAGOS


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.


“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.


Recall that a Lagos-based lawyer, Julius Ajibulu, had in September 2020 filed a suit seeking the reversal of the ban placed by the Lagos State Government on the operation of commercial motorcycles and tricycles in the mentioned areas.


Ajibulu said the ban on okada and Keke Marwa, without a replacement or an alternative means of transportation, had subjected Lagosians to untold hardship and taken away the source of livelihood of the operators.


Ajibulu claimed that the proscription had led to a massive unemployment rate and increase in crime and insecurity in the State.


According to the lawyer, the ban further violated his fundamental rights and those of other Lagosians under sections 33, 34, 36, 38, 41 and 42 of the 1999 Constitution.


He also sought damages in the sum of N1bn as well as a public apology in newspapers.


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