By Onozure Dania
LAGOS — THE Attorney-General and Commissioner for Justice in Lagos State, Mr Moyosore Onigbanjo, yesterday, explained that the court did not stop the state government from collecting tolls on the Lekki-Ikoyi Link Bridge.
He said this in a statement while reacting to social media posts that the Lagos State Government does not have the legal right to collect tolls on the Lekki-Ikoyi Link Bridge and that tolling on the Link Bridge is unlawful.
Onigbanjo said that the misleading statements are based on the false premise that the Lagos State Government has no pending appeal against the judgment of the Federal High Court in Suit No FHC/L/CS/1405/02 between Ebun-Olu Adegboruwa Esq. Vs. Attorney General of The Federation & Ors.
He said: “Our attention has been drawn to the erroneous statements circulating in the media that the Lagos State Government does not have the legal right to collect tolls on the Lekki-Ikoyi Link Bridge and that tolling on the Link Bridge is unlawful.
In the light of this misrepresentation, it is necessary to state as follows, “That
on the 27th day of March, 2014 the Federal High Court delivered judgment in Suit No FHC/L/CS/1405/02.
“Thereafter on March 28, 2014, the Lagos State Government (sued as 3rd and 4th Respondents) filed a Notice of Appeal against the judgment of the Federal High Court and an application for stay of execution and injunction pending appeal.”
“That on 11th of November, 2014, the Lagos State Government filed an application for extension of time within which to compile and transmit the Records of Appeal, at the Court of Appeal
“However, on October 9, 2017, owing to lack of representation on the part of Lagos State Government, the application for extension of time to transmit the Records of Appeal, filed on November 11, 2014, was struck out and the Court stated: “Since Applicant is aware of today’s date and is not in court, we take it that applicant is not diligent in prosecuting its application. It is, hereby, struck out. Number deleted.
“As at date, there is no order striking out Lagos State Government’s appeal against the judgment of the Federal High Court delivered on 27th of March, 2014 in Suit No FHC/L/CS/1405/02.
“It is also notable that before the Federal High Court, the claimant sought ten (10) Declaratory reliefs and one order of injunction, to restrain the Lagos State Government from collecting tolls on the Lekki-Ikoyi Link Bridge.
“However, in its judgement March 27, 2014, the Federal High Court did not specifically or expressly grant either the Declarations or the injunction sought. It rather only held that:
“I agree and uphold that the construction of this bridge was authorized and the 3rd Respondent has power to generate revenue thereon from the subject matter but the existing law did not cover this bridge and the 3rd Respondent can only make law to that effect before it can collect toll on bridge.”
“Dissatisfied with the lack of clarity and precision in the judgment amongst other grievances the Lagos State Government filed a Notice of Appeal against the judgment on 28th March, 2014.
“The position of the law is that once a Notice of Appeal is filed along with an application for stay of execution/injunction pending appeal, the judgement being appealed against cannot be enforced until the application for stay of execution/injunction pending appeal has been determined.”