A Federal High Court in Lagos has ruled that the Lagos State Government has the right to restrict commercial motorcycles (Okada) and tricycles (Keke Marwa) in six local governments and nine Local Council Development Areas (LCDAs).
Justice Mohammed Liman upheld the arguments of Attorney-General Moyosore Onigbanjo (SAN) that the restriction of motorcycles and tricycles on major roads is in line with the Transport Sector Reform Law, 2018.
He dismissed for want of merit, a fundamental rights suit by a lawyer, Olukoya Ogungbeje, challenging Governor Babajide Sanwo-Olu’s executive order authorising the restrictions.
Delivering judgment in 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 the Federal High Court and State High Court exercise concurrent jurisdiction over human rights cases.
“The restriction of motorcycles and tricycles within six local governments and nine LCDAs is not an infringement of the fundamental human rights,” Justice Liman ruled.
He said 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.
The judge further ruled that 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.
He dismissed the applicant’s originating summons for lacking in merit, The Nation reports.