Hope nursed by commercial motorcyclists, popularly known as Okada riders in Lagos State to get legal backing to continue their operation on all the roads in the state was yesterday dashed by a Lagos High Court which dismissed the suit they filed challenging the state’s traffic law banning their operation on federal roads.
Justice Aishat Opesanwo in a judgment on the suit held that the Lagos State House of Assembly has the right to make laws governing roads within the state.
The Judge held that from the evidence before her, the Lagos state traffic law did not in any way prohibit freedom of movement as alleged by the okada riders.
She added that the law only prohibit certain means and mode of movement for security and safety reasons.
The Judge also held that the Nigerian Constitution clearly prohibit any restriction to movement of citizens but not inanimate objects such as motorcycle.
Justice Opesanwo ruled that the argument by the Okada riders that the Lagos Traffic law discriminate against them, lacks merit as she could not find in any of the affidavits put before her, how they were discriminated upon.
She held that the Nigerian Constitution only prohibits discrimination on the ground of sex, state of origin, religion, ethnic group and that since the Okada riders do not fall in any of these group, they cannot claim that they were discriminated upon by the enactment of the Lagos traffic law.
She noted that Okada Riders in the state does not constitute a community and has not been in anyway discriminated upon.
“Today having the originating summons I am obliged that it lacks merit, so it is dismissed.”
While dismissing the action, the presiding judge said “I hold that this action is lacking in merit. The action fails and is hereby dismissed in its entirety”
The Okada riders, under the aegis of All Nigerians Autobike Commercial Owners and Workers Association (ANACOWA), had asked the court to restrain the Lagos state government from prohibiting their operations on the highways.
The state government and the House of Assembly had opposed the suit, saying they had the power to make and execute laws on all the roads in the state.
They had argued that there was no law passed by the National Assembly declaring any road to be federal.
A former Attorney-General of the state, Yemi Osinbajo, in defending the Assembly, argued that the 1999 constitution only empowers the National Assembly to designate roads as “federal trunk roads”.
He said, “As required by part III paragraph 1 to the Second Schedule, the National Assembly can only
designate or declare a road as federal trunk road either by an Act or a resolution passed by both houses of the National Assembly.
Meanwhile, the lead counsel to the commercial motorcyclists, Bamidele Aturu, said his clients will head for the Appeal Court.
He said: “The High Court of Lagos State today dismissed the suit filed by ANACOWA on behalf of commercial motorcyclists. While we respect the decision of the judge as a court of law, we disagree with the decision and we shall promptly seek redress on behalf of our clients at the Court of Appeal.”
Mr Aturu, added that as he has relentlessly made it clear, he does not think it is right to argue that there are no federal trunk roads in Lagos State as this may encourage the Federal Government to abandon maintenance of roads that we all know to be federal roads.
“This is what we meant when we argued that Lagos State Government was pursuing a pyrrhic victory by the argument.”
“We salute the doggedness of our clients and their respect for the rule of law, they have shown very remarkably that we will not build democracy if we fail to challenge or test policies and laws of governments at all levels.”
He noted that this is not the end of the matter. Citizens have many options at their disposal for challenging policies that they consider destructive of the ends of democracy and their existence.
“We shall leave our clients with the decision, while we pursue their appeal speedily.”