Court Dismisses Suit Against Lagos Govt

A Lagos High Court in Ikeja last Thursday dismissed a suit filed by some commercial motorcycle operators, challenging the Lagos State Government’s restriction of their operations on Federal Roads in the state.

Justice Aishat Opesanwo dismissed the suit for lack of merit. The commercial motorcyclists, under the aegis of the All Nigerians Autobike Commercial Owners and Workers Association (ANACOWA), filed the suit on September 3.

Mr Bamidele Aturu, a human rights lawyer, had filed the suit on their behalf.

Joined in the suit were the Lagos State House of Assembly and the Attorney-General of Lagos State.

Delivering her judgement, Opesanwo held that the constitution recognised that the House of Assembly had the powers to make laws for peace, order and good government of the state.

Opesanwo further noted that the National Assembly had not designated any road in the state as a federal highway which contravened the argument of the claimants.

She said from the evidence before the court, the Lagos State Traffic Law 2012 did not in any way prohibit freedom of movement as alleged by the claimants. The judge said: “From the evidence before me, I do not see how Section 3(1) of the Lagos State Traffic Law 2012 prohibits the movement of citizens in the state.

“The law only prohibits certain means and mode of movement for security and safety reasons.

“The Nigerian Constitution clearly prohibits any restriction to movement of citizens but not inanimate objects such as motorcycles,” she said. Opesanwo also dismissed the argument by the claimants that the Lagos Traffic Law discriminated against them and their operations. She held that the Nigerian Constitution only make for discrimination on the grounds of sex, state of origin, religion, ethnicity, community and income status. “I am unable to find anywhere the claimants have been discriminated against or singled out for discrimination for being commercial motorcycle operators”, Opesanwo said.