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Motorcycle, Tricycle Ban: Lagos Government Dragged To Court



By Francis IWUCHUKWU 


LAGOS, NIGERIA - A suit seeking the reversal of the ban placed on the operations of  motorcycles and tricycles by the Lagos State government, led by Governor Babajide Sanwo-Olu, has been filed before a Federal High Court sitting in Ikoyi, Lagos State, Nigeria. 


The action was initiated by a Lagos-based lawyer, Olukoya Ogungbeje, before the court, presided over by Justice Mohammed Liman.


The lawyer is particularly asking the court to declare that the ban on commercial tricycles and motorcycles issued by Governor Babajide Sanwo-Olu, in February, was not backed by any court order and grossly violated Section 41 of the constitution.


Ogungbeje in the suit equally argued that the ban had visited untold hardship on him and other law-abiding Nigerians living in Lagos.


The lawyer therefore wants the court to issue a declaration that: “The forceful impounding, seizure or confiscation of motorcycles and tricycles by agents of the Lagos State Government amounted to an infringement on the right of residents to own property under sections 43 and 44 of the constitution."


The Lagos-based lawyer also asked the judge to declare that the power given to agents of the state, under the Lagos State Transport Sector Reform Law 2018, to arrest and punish violators of the ban was tantamount to an usurpation of the functions of the judiciary “and is thus a gross infringement on the right to fair hearing and human dignity under sections 36 and 34 of the constitution.”


Ogungbeje further wants the court to make a perpetual injunction restraining the Lagos State Government from enforcing the ban and also prayed the court to award N500m as general and exemplary damages against the state for the alleged violation of citizens’ rights.


Joined as defendants in the suit are the Lagos State Government; Lagos State Task Force on Environmental and Special Offences Unit; Lagos State Traffic Management Authority;  the state’s Attorney General;  Commissioner of Police in Lagos State; the Vehicle Inspection Service; and the Lagos State Ministry of Transportation.


The matter has been adjourned until September 28, 2020.

 

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