“That the respondents owe the applicant and Nigerians the duty and responsibility to rehabilitate and construct the Lagos-Badagry Trunk, a federal highway from Iyana-Iba axis to Badagry road network quickly and timeously” the court concluded.
A Federal High Court Ikoyi, in Lagos has ordered that the Nigerian Government to fix Lagos Badagry expressway with immidiate effect .
Justice Saliu Saidu made the order on Friday, sequel to a motion on notice filed and agued by Julius Ajibulu, legal practitioner.
Ajibulu had filed a lawsuit in 2017 against the federal government of Nigeria, joining the Attorney General of the Federation, Ministry of Works, Lagos State government as well as the Attorney general of Lagos state over the reckless abandonment of the Lagos-Badagry Trunk, a federal highway from Iyana Iba axis.
Appearing before Justice Saliu Saidu of the Federal High court for the respondents in the suit were Musa Abudul Esq. for the 1st and 2nd respondents, I. A Modibbo Esq. for the 3rd and Abiola Adeyinka Esq. for the 4th and 5th respondents.
Barrister Julius who stood in person as the applicant in the suit as well as his own legal representative made it clear in his originating motion of 21st December 2017 that the abandonment is unlawful and unconstitutional and therefore is a clear violation and infringement of his, and that of Nigerians, as well as obstruction to freedom of movement as guaranteed and preserved under the provisions of Article 12 of the African Charter on human and people’s rights.
The plaintiff declared that these authorities owe him and the Badagry people the duty and responsibility to rehabilitate and reconstruct the Lagos Badagry roads quickly and timeously.
Still in his affidavit dated 21st, October 2017, he urged the court to compell the respondents to rehabilitate and reconstruct the Iyana-Iba axis road leading to Badagry.
He went on to inform the court that the Badagry road is in comatose due to the neglect and sheer abandonment and as a result has caused avoidable loss of lives and properties of Nigerians who ply the highway.
Barrister Julius Ajibulu said there are lots of cravings on the road due to the washing away of bitumen, granite and sharp sand from the roads due to the abandonment.
He pointed out clearly that the first respondent, the Federal government is saddled with the duty and responsibility of executing projects under the items contained in the exclusive legislative list of constitution of the Federal Republic of Nigeria, 1999 as amended of which road network now included and equally to manage the affairs of Nigeria and Nigerians which it failed in the case of Badagry roads.
He also outlined that the 2nd and 5th respondents, the Attorney general of the federation and minister of justice and the Attorney general of Lagos state are meant to shoulder the duty and responsibility of handling and managing the legal affairs and litigation of the Federal government of Nigeria and Nigerians.
He pin-pointed that the 3rd and 4th respondents, the Minister of Works and the Lagos state government are saddled with various duties and responsibilities, one of which is the construction and rehabilitation of all federal highways in Nigeria including the Lagos-Badagry Trunk.
The young and agile Barrister maintained that the Lagos Badagry express way is a major trans-national and trans- boundary road that links and connects the Federal Republic of Nigeria to the Republic of Benin and other West Africa countries and due to the geographical position of the road network, it is suppose to serve the purpose of border movement of traders in the West African sub region which is not the case due to the bad state of the road.
Barrister Julius Ajibulu went as far as recounting his own personal experience on the unplyable road. He told the court that he was compelled to pay a cost of failure of appearance and attendance for a day’s proceeding in a criminal matter after his car got into a big ditch at the center of the road between Iyana -Iba axis and Badagry as a result of the cravings on the road as such, he couldn’t make way forward and missed the court sitting.
The promising lawyer told the court that the bad portions of the roads have caused him and other road users, emotional and bodily pain, torture and psychological trauma, lost of trans boundary and trans national clients from Benin Republic and even several loss of lives.
This is evident in the demonstration that took place on Monday, the protests in the Badagry area of Lagos as students and residents plying the Lagos-Badagry expressway staged a mass protest calling on the Federal Government to fix the now deplorable road.
The protesters defied the heavy rains and marched from Badagry town towards LASU-Iba axis of the road lamenting the hardship they experience.They called on all politicians representing Badagry at the State and Federal levels to raise their voices and ensure that the road is fixed as soon as possible.
The 1st and 2nd respondents in a counter affidavit argued that the applicant seeking the court for the enforcement of his fundamental rights has not in any way shown to the court how the non construction and rehabilitation of the Badagry road network has infringed his fundamental rights as provided in section 36 of the constitution.
The respondents also stated that it is not enough for the applicant to say his fundamental rights have been breached but has to go the extra mile to adduce evidence to that effect and advised the court not to open sores to litigants to approach the court.
They therefore urged the court to dismiss the suit.
The Lagos state government and Attorney General of Lagos State also filed a counter affidavit stating that the applicant again failed to establish how they violated his fundamental human rights and that there is no substance to the claims but mere speculations.
They further aligned that the reconstruction and rehabilitation of the roads is for the benefit of the people and they cannot force anyone to do their duties which they claimed is already being done and urged the court to also dismiss the suit.
The 3rd respondent, Minister of Works also argued same saying the court should dismiss the suit as there is no case since there are alternative roads leading to Badagry.
In response to this counter affidavit, the applicant, Barrister Ajibulu told the court that no defence has been put forward by the respondents and that the facts he judiciously outlined in his affidavit have neither been controverted.
He also reminded the court that respondents also failed to respond to the rights of freedom of movement raised in his affidavit.
After a due consideration of the arguments, and a critical analysis of the affidavits and counter affidavits, the court granted it’s ruling saying, “It is argued by the 3rd respondent that there are alternative roads that Nigerians can use to access Badagry road, no mention of such road was made before the court” the court said.
“The respondents have not controverted the deplorable nature of the road and as such is in admission” the court stated.
“The applicant’s right and other Nigerians rights have been infringed by the respondents and I hereby grant as follows” Justice Saliu Saidu continued
“That the reckless abandonment of the Lagos-Badagry Trunk, a federal highway from Iyana-Iba axis to Badagry road network by the respondents is unlawful and unconstitutional and therefore amounts to a clear violation and infringement of the applicant and Nigerians fundamental rights to freedom of movement as guaranteed and preserved by the provisions of Article 12 of the African Charter on Human and People’s right (rehabilitation and enforcement) Act and Section 41 of the constitution of the Federal Republic of Nigeria 1999 as amended”, he further stated.
“That the respondents owe the applicant and Nigerians the duty and responsibility to rehabilitate and construct the Lagos-Badagry Trunk, a federal highway from Iyana-Iba axis to Badagry road network quickly and timeously” the court concluded.