The Lagos State Government has formally appealed against the judgment of a Federal High Court, which barred the state government from collecting tolls on the new Lekki-Ikoyi link bridge.
The court presided by Justice Saliu Saidu had on March 27, 2014 held that there was no law to cover the toll being collected by Lagos State Government.
Lagos lawyer Ebun Adegboruwa had sued the Lagos state over its decision to collect tolls on the bridge.
Adegboruwa had sought an order of the court declaring collection of tolls on the bridge illegal.
In the notice of appeal dated Friday, March 28, 2014 and filed on the same date, Lagos State Government is challenging the decision arrived at by the Federal High Court to the effect that the payment by its contractors to National Inland Waterways Authority (NIWA) was an admission by the State that the Federal Government had constitutional or legislative authority to regulate inland waterways throughout the country.
The appeal was filed by the Solicitor General, Mr. Lawal Pedro (SAN).
In its appeal, the State Government urged the Court of Appeal to reverse the decision of the Federal High Court which declared that there was no law enacted by the Lagos State House of Assembly authorising the State to impose tolls on public infrastructure in the State.
It argued that the Lagos State Public Private Partnership Law No. 2 of 2011 clearly empowers the Government to specify the service charges, user fees or tolls which are payable in respect of designated public infrastructure or public assets.
In addition to the Notice of Appeal, the State Government by an application dated and filed on Mach 28, 2014 in the Federal High Court, is praying for an order to stay the execution of the judgment delivered in the suit.
It urged the court to restrain the Respondents from giving effect to the judgment delivered by Justice Saidu of the Federal High Court pending the determination of the appeal filed against the said judgment.
Pedro said the processes have been served on all the parties to the suit and Thursday, April 3, 2014 has been fixed by the Appeal Section of the Federal High Court for settlement of record of proceedings.
He however said that no date has been fixed for the hearing of its application for stay of execution. Click to signup for FREE news updates, latest information and hottest gists everyday
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