A Federal High Court sitting in Lagos, yesterday fixed April 14, for hearing on a motion filed by Lagos state attorney-general, Mr. Ade Ipade, seeking a stay of execution of the court’s judgement barring the state government from collecting toll on the controversial Lekki-Ikoyi Bridge.
A human rights activist, Mr Ebun-Olu Adegboruwa, had filed a suit on November 26, 2012, against the Lagos state government (LASG), challenging its collection of toll on the Lekki-Ikoyi Bridge.
Joined in the suit, as first and second respondents, were the attorney-general of the Federation (AGF) and the National Inland Waterways Authority (NIWA), while Ipaye and the LASG were listed as third and fourth respondents, respectively.
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.
He adjourned the case to April 14, for hearing.
Adegboruwa had sought a determination of the 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.
Justice Saidu had in his judgment, declared that the imposition of such toll was unlawful, since there was no law in existence authorising its collection.
Saidu 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, since the bridge was built with the funds of the LASG.
The judge had held that the LASG could only validly collect toll on the bridge, if a law was enacted to back such toiling.
