A Federal High Court in Ikoyi has dismissed suit against Lagos State Government over the ban on commercial motorcycle operators popularly called Okada and tricycle operators within 6 Local Government Area and 9 Local Council Development Areas in the State.
The Court, while ruling that both the Federal High Court and State High Court exercise concurrent jurisdiction over Fundamental Human Right cases, held that the state government has right to place a ban on their activities within the state.
In Suit No. FHC/L/CS/173/2020 between Olukoya Ogungbeje V Lagos State Government & 7 Ors, Justice Abdullahi Liman affirmed the position of the State Government restricting the use of Motorcycles, Tricycles as means of transportation within Lagos.
Liman, yesterday, held that the applicant who admitted being a Car owner and not a Motorcycle or Tricycle operator cannot complain of his right in any form being infringed upon.
The judge dismissed the originating summons of the applicant for lacking merit and that it failed to place material facts to support his deposition as well as provide evidence for the alleged death of a person at Iyana Ipaja.
“The restriction of Motorcycles, Tricycles within 6 Local Government Area and 9 Local Council Development Area in the State is not an infringement of Fundamental Human Rights”, Liman ruled.
It would be recalled that the Attorney General of Lagos State, Moyosore Onigbanjo, was in Court on Tuesday 2nd February to argue the originating summons which upheld the Executive Order as signed by Governor Babajide Sanwo-Olu.
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