Okada Riders Drag Lagos To Court Over Traffic Law

The enactment of a new traffic law in the state appeared to have drawn the flaks of the commercial motorcyclists popularly known as Okada riders who yesterday dragged the Lagos State Government to court to challenge the legality of the Lagos State Road Traffic Law, No 4 of 2012.

In a Suit No ID/713M/2012 filed at Ikeja High Court against Lagos State Government, the Attorney General of Lagos State and Lagos State House of Assembly filed by Mr. Bamidele Aturu, solicitor to Incorporated Trustees of All Nigerians Auto-bike Commercial Owners and Workers Association, the complainants affirmed  that the state government erred in law by arrogating the powers to ban their operations in the state.

In the suit, the plaintiff among others declared,” that the Major Highways in Lagos listed in Items 1-11 and other part of Schedule II to the Lagos State Road Traffic Law, No 4 of 2012 are Federal Trunk or Highway Roads within the meaning of the Federal Highways Act, cap F13, Laws of the Federation of Nigeria, 2004.

They  contended  that,” section 3(1) of the Lagos State Road Traffic Law, No 4 of 2012 to the extent that it prohibits the riding, driving or propelling of a cart, wheel barrow, motorcycle or tricycle on the Major Highways in Lagos listed in Items 1-11 and other parts of Schedule II thereto which Major Highways are Federal Trunk or Highway Roads within the meaning of the Federal Highways Act, cap F13, Laws of the Federation of Nigeria, 2004 is in fundamental conflict with section 4(3) of the Constitution of the Federal Republic of Nigeria, 1999 as amended and is therefore ultra vires, illegal, unlawful, unconstitutional, null, void, oppressive, inoperative and of no effect whatsoever.

“That the Defendants have no power whatsoever to make any law to regulate traffic on any of the Federal Trunk or Highway Roads listed in Schedule II to the Lagos State Road Traffic Law, No 4 of 2012 and in the Federal Highways Act, cap F13, Laws of the Federation of Nigeria, 2004 and that section 3(1) of the said Lagos State Road Traffic Law, No 4 of 2012 to the extent that it prohibits the riding, driving or propelling of a cart, wheel barrow, motorcycle or tricycle on any Federal Trunk or Highway Road is in fundamental conflict with section 4(3) of the Constitution of the Federal Republic of Nigeria, 1999 as amended.”