A Federal High Court in Lagos State, on Wednesday, fixed April 14 to hear a motion for stay of its judgment on the Lekki-Ikoyi bridge toll. The motion was filed by the Attorney General of Lagos State, Ade Ipaye.
A Human Rights Activist, Ebun-Olu Adegboruwa, had filed a suit on Nov. 26, 2012, against the Lagos State Government,
challenging the collection of toll on the Lekki-Ikoyi Bridge by the state government.
Joined as first and second respondents are the Attorney-General of the Federation and the National Inland Waterways Authority.
Ipaye, and the state government were listed as third and fourth respondents, respectively.
The suit, which was slated for hearing of a motion for stay of execution of the court’s judgment delivered on March 27, was adjourned to April 14 for hearing.
Justice Saliu Saidu had observed that there was no proof of service of the motion on the AGF and NIWA, who were parties to the suit.
He, therefore, urged Ipaye to ensure service of the motion on the parties, adding that he could not hear the motion unless the parties were duly served.
Adegboruwa had sought a determination of court as to whether there existed any law in Nigeria, authorising the collection of such tolls, tax or fee, from citizens.
He had, therefore, sought a court order declaring that the imposition of such tariff on road users was an illegal form of taxation and was inconsistent with the Constitution of the Federal Republic of Nigeria.
Saidu had in his judgment, declared that the imposition of such toll was unlawful, since there was no law in existence authorising its collection.
He also held that there was nothing before the court to show that the construction of the bridge was as a result of any Public Private Partnership Law.
The judge said that the bridge was built with the funds of the state government and therefore, held that the government could only validly collect toll on the bridge, if a law was enacted to back such tolling.
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