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Lekki-Ikoyi Toll: Court delivers judgment on March 27

By on February 9, 2014

A Federal High Court in Lagos has fixed March 27 to deliver judgment in a suit filed against the Lagos State Government over collection of toll on Lekki-Ikoyi bridge.

Justice Saliu Saidu fixed the date after the two counsel in the suit adopted their written submissions before the court.

The News Agency of Nigeria reports that the plaintiff, Mr Ebun-Olu Adegboruwa, had filed the suit seeking an injunction restraining the LASG from collecting toll from motorists on

the bridge.

Adegboruwa joined as first and second respondents in the suit the Attorney General of the Federation and the National Inland Waterways Authority.

The Attorney General of Lagos State, Mr Adeola Ipaye and the Lagos State Government are the third and fourth respondents respectively.

Adopting his originating summons on Friday, Adegboruwa urged the court to apply the provisions of Section 4 of the 1999 Constitution, to determine the supremacy of laws between the National Assembly and the House of Assembly.

He submitted that once the National Assembly had made an Act in respect of any subject, such as the Lekki Lagoon on which the bridge is erected, a State House of Assembly is incompetent to

make contrary laws.

He urged the court to hold that even if the Federal Government through NIWA had authorised the LASG to construct the bridge, such authority did not extend to collection of toll which is a form of taxation.

He prayed the court to grant judgment in his favour and declare the collection of toll on the bridge illegal and unconstitutional.

Responding, Ipaye argued that so far as there was a concession from the Federal Government for the construction of the bridge, the case of the applicant was nothing but an academic exercise.

He argued that though section 4 of the Constitution grants the National Assembly powers to make laws, the efficacy of such laws would depend on the areas reserved for it.

Ipaye said there were laws in Lagos State such as the public partnership law, which authorises the collection of tolls on roads and therefore urged the court to dismiss the applicant’s case.

After listening to the arguments, the court adjourned the case to March 27, for judgment.

 

[Punch]