Justice Saliu Saidu of Federal High Court in Lagos has ruled that the collection of toll on the Lekki-Ikoyi new bridge is illegal and a nullity.
Delivering judgement in a suit filed against the state government by a lawyer, Ebun-Olu Adegboruwa, the judge held that there is no law in Lagos State authorising the collection of toll on the bridge by the government.
Declaring the toll collection illegal, null and void, Justice Saidu held that the power to control the Lekki Lagoon and other Federal Navigable Waterways lies with the Federal Government.
He said although the Federal Government has given some authority to the state to construct the bridge, there is no law authorising or permitting the collection of toll fee on it.
“The bridge is not a Public-Private Partnership (PPP) initiative for which the collection of toll can be allowed.
“The question is: Has the third respondent, Lagos State Government, made appropriate law to enable it collect toll on the bridge?
“The third respondent only cited Section 27, 28 and 29 of the Lagos State PPP Law, 2011 as making provision for collection of toll.
“There is nothing before me to show that the subject matter in this case was as a result of the PPP Law.
“The fact before this court is that the bridge was built with the third respondent’s money. I agree and uphold the construction of this bridge as of right.
“The third respondent has power to generate revenue from the subject matter, but the existing law does not cover it,” said Justice Saidu.
He further held that for the state to collect toll from the bridge, an enabling law must be must in place.
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| Night view of Lekki-Ikoyi bridge |
“We are grateful for the judgment and we hope to get the full reasons soon. There is actually a law, but this is not the place to talk about it,” said Ipaye.
Reacting to the judgment, the plaintiff said it was a well thought out decision, threatening to challenge any law the state may make to validate toll collection on the bridge.
He said: “For now, everybody in Lagos State should be free to pass through that bridge without paying any money.
“It was built with the peoples’ money. We cannot pay tax to build a bridge and pay another money to use it. It was not built through concession.
“The court said they cannot apply the PPP Law to a bridge that was build with state funds.
“This judgment is a warning to all statutory and government agencies, because our people are burdened. The economy is bad.
“On behalf of the people of Nigeria, we must continue to challenge all impunity and all taxation that have no backing.
“We are going ahead to challenge other imposition of taxes on our people,” Adegboruwa said
The lawyer sought a declaration that under the National Inland Waterways Authority Act, the 1999 Constitution and the African Charter on Human and Peoples Rights, and other prevailing statutes, the state government is not conferred with jurisdiction, authority or power of control or management over any federal navigable waterway in Nigeria, and in particular, the Lagos and Lekki Lagoon, as to entitle it to impose toll fee.
He urged the court to hold, among others, that the collection of tolls or any other fees on any road from him and other citizens of Nigeria constitute a contravention of their fundamental right to free movement.
The lawyer said the imposition of N500 (which was reduced to N250) per trip per vehicle, for an indeterminate period of time, “is arbitrary, exploitive, oppressive, inhuman and callous in the circumstances of the economy of Nigeria, and is therefore illegal, unconstitutional, null and void.”
Adegboruwa said the government did not carry him and other Lagosians along or consult with them in the process leading to the proposed imposition of the levy, and that most people who live and work within the Lekki and Ikoyi axis, including him, are opposed to the levy.
He sought an injunction restraining the defendants – the Attorney-General of the Federation, National Inland Waterways Authority, Lagos State Government and the state Attorney-General – from collecting any form of payment from the applicant and any other citizen of Nigeria for the use and enjoyment of any part or portion of the Admiralty-Ikoyi Suspension Bridge.
Lagos had, in its defence, said there is no law in Nigeria which compels it to always provide roads and other public infrastructure “totally free of charge” as it is not engaged in trading activities for the purposes of making a profit, being public authority.
It added that the Lagos and Lekki Lagoon across which the bridge was built falls within inland waterways, and its regulation “has always been within the executive and legislative control of state governments.”
Lagos added that as a responsible government, it has an obligation to address the perennial traffic problems associated with the Lekki-Ikoyi axis by reducing the man-hours that would have been wasted in traffic gridlock, with its attendant cost in terms of resources, time and health.
“Many of such projects are still required in the Lekki-Epe axis to make life easier for all who go to that area and government resources are seriously overstretched,” the state said.
The state said the inclusion of the toll option in the bridge design is to give the state a cash flow option to pay back the borrowed part of the construction cost, keep the toll infrastructure in good repair and enhance the government’s financial capacity to replicate such infrastructure in other parts of the state.
The state said Adegboruwa is not compelled to commute across the bridge as he has always made the journey without it. Besides, there are alternative routes to Lekki and Ikoyi, Lagos added.
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APC govt is a slavery government;Fashola is a criminal,time will tell
ReplyDeleteThen PDP government is what? Fool, reasoning through anus, talk for talking sake, outdated idiot!!!
DeleteU r d most aoudated idiot,u lack morale respect,it shows ur level of foolishness,quiet if u dnt knw wat to say
DeleteSome were created to be a clog on wheel of progress, let's agree that there was no law (I wonder where he and his "yeye" law dey when presidency was acquiring jet without due process) that allows state government to collect tool from the said bridge that it's federal government blah blah blah(which I wonder where they were in the first place) how about maintenance issues? (which has always been an "issues")
ReplyDeleteSo mr lawyer stop been part of our problems, if you can't assist with your knowledge please don't create more problem with your "over-sabi" housewife "intellect".
Before now u av being moving without d bridge, u can as well continue on same path without any complaints. There is no free lunch here in lekki / ikoyi, the earlier d best u can only move in d direction of change that provides job for pple at d toll.
ReplyDeleteLagosians will so be taxed for breathing in air purified by APC.
ReplyDeleteI don't agree with the Judgement of the court and my Learned friend Adegboruwa shouldn't have sued the LAGS on the project. In the advanced countries of the World people pay to cross the bridges and if they don't want to pay they can take alternative routes. Was the building of the bridge funded by the FGN 100%? If yes may be the Judge was right if not the Judge has erred in his judgement. Our Judges for their own credibility should always try to give judgment that the Supreme Court will find very difficult to over rule.
ReplyDelete