Despite this morning’s judgement of a Federal High Court sitting in Ikoyi nullifying the collection of any toll or tariff on the Lekki-Ikoyi Bridge, Lagos State Attorney-General and Commissioner for Justice, Mr. Ade Ipaye has said toll collection on the bridge will continue as usual.
Despite this morning’s judgement of a Federal High Court sitting in Ikoyi nullifying the collection of any toll or tariff on the Lekki-Ikoyi Bridge, Lagos State Attorney-General and Commissioner for Justice, Mr. Ade Ipaye has said toll collection on the bridge will continue as usual.
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According to Ipaye, who was speaking hours after the court session, the judgment did not specifically stop toll collection on the bridge.
He explained that although Justice Saliu Saidu held that there is no law backing the imposition of tolls on commuters, the judgment is ambiguous because the court did not make any consequential order or declaration barring toll collection on the bridge.
“The judgment read this morning did not specifically address many of the questions raised by the applicant, neither did it grant any of the declarations sought”, Ipaye said. “So they [road users] will continue to pay. All the same, we are not ruling out any kind of interpretation”.
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He also revealed the intention of the Lagos State Government to appeal the judgement and file an application for stay of execution.
“As you heard for yourselves, no order was made”, he said. “However, the pronouncements referred to above are capable of being interpreted as court orders, hence our decision to appeal for stay of execution immediately”.
He argued that contrary to Justice Saidu’s judgement, Section 29 of the Private Public Partnerships Law of Lagos State has provisions for collection of toll notwithstanding the involvement or otherwise of the private sector in its construction.
“Aside from the failure of the court to make any consequential order or declaration, the judgment contains at least two or three fundamental errors.
“And one of the errors is the assumption that the Private Public Partnerships Law of Lagos State, which we cited in support of toll collection, did not apply, simply because the bridge was not constructed by public-private partnership”.
Ruling on the suit, which was filed by human rights lawyer, Ebun Adegboruwa, presiding judge, Justice Saidu, J. had held that the power of control over all navigable waterways in Nigeria resides in the Federal Government and not any state government.
He held that from all the documents made available to the court, the only justification for the toll fee on the bridge by Lagos State is the private partnership law. However, he noted that the law could not apply to the Lekki-Ikoyi Bridge since it was built with the money of the Lagos State Government, without the involvement of any private partnership.
“Thus, since there is no law supporting the toll fee, it is illegal and should be stopped forthwith”, Justice Saidu had said.
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