Jerry Uwah
Lagos state government has formally appealed against last week’s judgement of a Federal High Court, which barred the state government from collecting tolls on the new Lekki-Ikoyi link bridge.
In the notice of appeal dated March 28, 2014, and filed on the same date, the state government is challenging the decision of the court presided over by Justice Saliu Saidu to the effect that the payment by its contractors to National Inland Waterways Authority (NIWA) was an admission by the state that the Federal Government had constitutional or legislative authority to regulate inland waterways throughout the country.
In its appeal, the state government urged the Court of Appeal to reverse the decision of the Federal High Court which declared that there was no law enacted by the Lagos State House of Assembly authorising the state to impose tolls on public infrastructure in the state.
It argued that the Lagos state Public Private Partnership Law No. 2 of 2011, clearly empowers the government to specify the service charges, user fees or tolls which are payable in respect of designated public infrastructure or public assets.
It urged the court to restrain the respondents from giving effect to the judgment delivered by Justice Saidu of the Federal High Court pending the determination of the appeal filed against the said judgement.
Pedro said the processes had been served on all the parties to the suit, while April 3, 2014, has been fixed by the Appeal Section of the Federal High Court for settlement of record of proceedings.
The court presided over by Justice Saliu Saidu had on March 27, 2014, held that there was no law to cover the toll being collected by Lagos state government.
A Lagos-based lawyer, Ebun Adegboruwa, had sued the state government over its decision to collect tolls on the bridge.
Adegboruwa had sought an order of the court declaring collection of tolls on the bridge illegal.
