By Okey Ndiribe, Innocent Anaba & Olasunkanmi Akoni

The furore generated by the decision of the Lagos State Government to concession the Lekki-Epe Express Way to a private firm to build and maintain the road has refused to die down.

Once again,   residents of the area threatened to stop the State Government  from collection of tolls along the express way. The state government, through LCC had recently announced its plans to commence collection of tolls on the newly constructed road from motorists beginning from January 3rd, 2011.

Convener of Lekki- Epe Residents Association, Mr. Adewale Sanni, while reacting to the planned commencement of the toll collection  at a media briefing in Lagos , condemned the planned exercise and described  it as a huge joke. Sanni, who led other aggrieved residents at the briefing, accused the state government of not keeping to the earlier agreement reached between the two parties to stay action on the planned tolling.

Said he:  “We condemn it in its entirety. We call it January Joke that will not work out. The toll is unreasonable. How can one pay between N250, N150 and N120 tolls on each of the three toll gates for just one way journey, it’s absurd.”

He said that the group had met with the committee set up by the state government to look into the matter adding that an agreement was reached, “ but now they are not talking about it again. Instead, they  announced that the implementation of toll will commence in January 3, 2011.”

he Lekki-Epe Tollgate... cause of disagreement

“It means they have dumped the earlier agreement we reached with them. We will resist this to the core. It can’t work and it appears that the management of LCC is set to put the state government and residents on collision course. We say no to toll.”

Sanni  advised the state government to intervene as a matter of urgency by ordering the management of LCC to jettison the plan or face serious confrontation from the public.

Efforts to get the state government’s reaction as at the time of filing in this report was unsuccessful as the Commissioner for Information and Strategy, Mr. Opeyemi Bamidele was yet to respond to the text message sent to his mobile phone line.

However, the Senior Special Adviser to Governor Babatunde Fashola on Media, Mr Hakeem Bello who did not want to make any categorical statement on the development, assured that the state government would make a statement at the appropriate time.

He urged the residents to exercise patience by not taking any rash action as the present administration is a listening government, adding that everything would be done to reach an amicable resolution of the matter.

It would  be recalled that Governor  Fashola had earlier public event defended the Public Private Partnership initiative of his administration saying it could not be avoided if government must be run with efficiency. He said for government to be efficient, it must be run like a corporation adding that such efficiency could only be achieved through private sector participation.

However, a legal practitioner who lives in the area Mr Ebun Olu Adegboruwa has expressed his amazement over the decision of LCC despite a pending legal action which he filed before a Lagos High Court. In an e-mail he sent to Vanguard he stated that: “ As you are well aware, I filed a case before the High Court of Lagos State to challenge the proposed collection of toll fee and the case is still pending in court.

On the last date of hearing, all parties and their counsels and indeed the court, agreed to dispense with all interlocutory applications so that the court could hear the substantive originating summons on merit. The case was then adjourned to January 20, 2011 for definite hearing. LCC and Lagos State Government were directed to file their responses to the originating summons before the said date. I am therefore amazed to discover that LCC is purporting to arrogate the power of self help and impunity to itself to implement the collection of the said toll fee before the date of January 20, 2011 fixed by the court with consent of parties and their counsels.”

The case was filed in August 2010  to challenge the attempt by LCC and  Lagos State Government to impose tolls  on users of the expressway. The case could not be heard on time because of the long annual vacation of judges.  The case was assigned to Hon. Justice Candido-Johnson of the High Court of Lagos State, Igbosere, Lagos. Hearing eventually commenced in September, 2010.

On November 11, 2010, the Court visited the express way to enable the presiding judge to see things for himself.  The delegation was led by the Judge, two registrars of the Court, the claimant, leading four lawyers and two surveyors, while the Lagos State Government delegation was led by Engr Ganiyu Johnson, Special Adviser to the Governor on Works, lawyers and officers of Lekki Concession Company.

Adegboruwa further stated that he had filed  an application for an order of interlocutory injunction today December 21, 2010 adding that he had served same on LCC.

Adegboruwa further stated that he  knew that several other roads and other infrastructures had  been built by the Lagos State Government without imposing the hardship of tolling and tariff on the people adding that  Private companies and organizations had  also built roads and other infrastructures in different parts of the state for the use of the general public without any tariff or toll since this was part  of their social or statutory responsibilities.

According to him: “There is no road in Lagos State presently where toll  is being collected by Lagos State or its agents or concessionaire in any manner whatsoever as residents and indigenes of other communities in Lagos State such as Ikeja, Surulere, Apapa, Ikorodu, Badagry, Agege, Kosofe, etc, are not being subjected to any form of toll fee or road tax by the Lagos State Government for them to have free access to and use the roads built by the Lagos State Government in such communities.”

He further stated that  there is no government presence in Eti-Osa/Ibeju/Epe Local Government Areas compared to other parts  of the  State even though  most of the revenue of Lagos State comes from these three local government areas.

“ Most roads in these local government areas are terribly bad and there is no other infrastructure by the Lagos State Government other than the Lekki-Epe expressway which is now to be commercialized” he stated.
He cited cases of   Ajose Adeogun Street which  was rehabilitated and built by Zenith Bank  for the use of the general public without any tariff.

“ Lagos State Government built Awolowo Road, Ikoyi without any tariff imposed on the people to use it, so also Kudirat Abiola Way, Oregun, Ikeja Central Business District, Lagos Central Business District, Mainland Central Business District, Bourdillon Road, Ikoyi, Okota Link Bridge, Isolo, all without any toll or tariff.” he said.

According to Adegboruwa: “  I know that the stretch of the road from Lekki to Epe is about 50 kilometres long and as of the time of filing this suit, LCC  has not successfully covered up to 10 kilometres of the said road in renovation and expansion for the past four years.  …  It will take the LCC an average of fifty years to complete the entire project.”

According to him: “   Even though LCC offered to source funds for the execution of the road project, it is now stealthily attempting to levy road users upon purported completion of only 6 kilometres meaning, that it is the road users who will eventually fund the road construction by trick.”

He further asserted that majority of the people who use the Lekki-Epe Expressway are in the hinterlands of Ajah and its environs, Lekki area, Ibeju-Lekki area and Epe axis whose portions of the rehabilitation process will not be completed in the next four years going by the slow pace of work of the construction company whereas they are all being compulsorily made to pay road tax.

According to him: “ We will all be compelled to pay the road tax to be charged by the defendants purely because of our locations and residents and people based  and resident in the Lekki-Epe axis of Lagos State.”

He further stated that he knew that  there is no precedent of piecemeal road construction of 50 kilometres for close to fifty years whilst the LCC would  at the same time be at liberty to levy compulsory tax on himself and the people and residents of the Lekki axis in particular and Lagos State in general for an uncompleted project.

Finally he stated that : “ I  believe that the concession, if at all there is any, entered into by the Lagos State Government, with LCC  is not in the best interest of road users and in particular myself and the people and residents of Lagos State.

It has no determinate year of operation as 1st defendant is allowed to extend the period of operation and refuse to hand over the said road to Lagos State. 1st defendant can hike the road tariff as it pleases, it can even charge road tax or levy on other existing roads not part of the concession. 1st defendant is entitled to resist other alternative routes in order to maximize its profit.

The agreement between the 1st defendant and Lagos State Government is oppressive and against the interests of the people and residents of Lagos State.”

However, Dr. Innocent Okoro, former Public Relations Officer of the Nigerian Association of  Estate Valuers who is also a resident of Lekki Phase One expressed a contrary view. In a telephone  interview he granted to Vanguard last Wednesday, he said that   initially most residents of the area were opposed to payment of tolls along the road because they were  not used to this type arrangement whereby the Government concessions roads and expects the concessionaire to introduce tolling.

Said he: “ However, all over the advanced world the building and maintenance of  roads have not been the sole responsibility of Government. Roads are normally concessioned out to private entrepreneurs who invest their money and ensure that the people are comfortable when using such roads. This is the reason why most stories roads abroad are good; it is because they are used to this kind of arrangement. But since it is a new idea here, it is normal for people to resent changes.”

He continued: “  But for me as a person, the Lagos State Government has done very well as far as this project is concerned. People actually began to agitate because they were not sure how much the tolls would be. But now that everything is clearer I don’t think there is any motorist would be opposed to paying N100 as toll. I don’t think it is something people should continue to raise alarm about.

What the people would lose by paying the toll would be far less than what they would lose if the road remains dilapidated and continues to damage their vehicles which they would have to go and repair.”

“ I think the complaints have died down. I think that the Government has done what it has done in good faith. If the Government can use the same approach to ensure that all our roads are taken care of it would be good. Although I am not  the Chairman of the residents association, I am speaking as  a resident of Lekki Phase One” he said.

He further reasoned that if the Lagos-Shagamu-Benin Express Way which has been bad for a long time was concessioned out for repairs in this manner,  it would  have been a better road today.

“ However, some people would still kick against the government’s decision and this is because the Government cannot satisfy everybody” he concluded.