By DAYO BENSON
LAGOS—Former Nigerian Bar Association, NBA, president, Mr. Olisa Agbakoba, SAN, has described the action of Lagos State government over tolling on Lekki-Epe road as subjudice since an action for stay of execution on the matter is pending before the Court of Appeal.
Agbakoba also challenged Governor Babatunde Fashola, SAN, to make a public pronouncement on whether or not the controversial toll plaza belongs to former Governor Bola Tinubu, just as he faulted government’s claim on existence of an alternative route.
The prominent human rights activist, who spoke yesterday, in Lagos, in an interview, also pointed out that since the concession agreement violated the constitutional right of movement without impediment, Fashola had not fulfilled his contractual obligation to the people of the state.
He said: “The matter is subjudice, it is in court. The very example the Lagos State Government gave for not obeying LASTMA (court) decision is that it is on appeal. That is why they should have obeyed this one. As far back as the case of Savalak in 1971, the supreme court decided that once an application for stay appeal is on notice to you, it stays your hands.
The moment you file a notice of appeal, and you file an application for stay and I serve you and you receive it, it is a stay. You take the law into your hands by continuing; it doesn’t mean that Adegboruwa is right. If you do what you want to do, the rule of law is that the res is gone. It is for the court to decide. So, that is unfortunate.”