The Lagos division of the Appeal Court has affirmed that the traffic law banning commercial motorcycles popularly called Okada from plying major highways in Lagos State was constitutional and legal.

The appeal court’s decision ratified the earlier judgment of the High Court of Lagos State which held that Section 3 of the Lagos State Road Traffic Law 2012 banning Okada was in order and constitutional.

File photo: Okada riders

The latest judgment was as a result of an appeal challenging the lower court’s decision by the Incorporated Trustees of All Nigerians Autobike Commercial Owners and Workers Association (ANACOWA) and other persons.

They have filed their suit at the lower court via an originating summons contesting that Section 3 of the Lagos State Road Traffic Law 2012 violated their rights to freedom of movement and sought an order of the court to declare the said law as unconstitutional.

Justice A. Opesanwo  on December 12, 2012 held  that the Road Traffic Law regulates other forms of vehicles and as such the right of the claimants to their constitutional right to freedom from discrimination has not been violated in anyway.

The trial court said the law did not violate the right of the claimants to move freely across the State as “the objective of the Road Traffic Law is not the movement of person but the mode, means or tools of movement.”

It therefore dismissed the  suit filed by the Okada riders, while restricting them from plying the Federal Highways.

Dissatisfied with the judgment, ANACOWA, through their counsel, late Mr Bamidele Aturu filed an appeal on December 27, 2012 contesting the judgment.

In its consider judgment, the Court of Appeal held that Section 3 of the Lagos State Road Traffic Law 2012 did not ultra vires the powers of the Lagos State House of Assembly to enact laws for the State.

It stated further that the law was enacted with the overriding intention to protect the interest of the public, provide environmental sanity, which is reasonably justifiable for a society like Lagos State.

The Lagos State Road Traffic Law which came into effect on August 2, 2012 restricts the operations of commercial motorcycle on about 475 out of the over 9,000 roads in Lagos State.

The Law also prohibits other activities considered inimical to road traffic including hawking, drunk driving,  and sale of alcoholic drinks within 100 metres of bus stops, and motor parks within the State, amongst others

Court reverses N1.5billion damages against Lagos Govt

Meanwhile, the same court also reversed the N1.5billion penalty imposed on the state government over alleged illegal entry into a disputed property located at No 1A, Ozumba Mbadiwe, Lagos in 2006.
The complainant in the suit had accused the government of alleged illegal entry by the State Special Task Force on Environment into a disputed property situated at No.1A Ozumba Mbadiwe
on November 2, 2006.

This made the lower court to impose a fine of $5,707, 297.90 (about N2Bn) against the government as damages.

However, the  Court of Appeal reversed the decision of the Federal High Court, Lagos.

In its judgment, the Court of Appeal presided over by Justice S.C Oseji upheld the arguments of the Attorney General of Lagos, Mr Adeniji Kazeem.

Arriving at the decision reversing the judgment, the Court held that the contention of the Lagos State Government that the 1st Respondent failed to strictly prove the special damages it claimed.

It held that this was fatal to the 1st Respondent’s case.

In 2006 the 1st Respondent Zanen Verstoep dragged the Lagos State Government to Court claiming the sum of $5,707, 297.90 (US Dollars), general damages in the sum of N200,000,000, exemplary damages in the sum of N300,000,000 for alleged illegal entry by the Lagos State Special Task Force on Environment into disputed property situated at No.1A Ozumba Mbadiwe.

On 2nd November 2007, Justice Abutu (Rtd) awarded the sum of $5,707, 297.90 (US Dollars) as special damages and N10,000,000 as exemplary damages, against the Lagos State Government.

Dissatisfied with the judgment of the Federal High Court, the Lagos State Government filed the appeal.

The Lagos State was represented by the Attorney General and Commissioner for Justice and other State Counsel.