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Funsho Hassan
The Federal High Court, Ikoyi on Wednesday 3rd February 2021 affirmed the position of Lagos State Government restricting the use of Motorcycles, Tricycles as means of transportation within 6 Local Government Area and 9 Local Council Development Areas in the State.
Justice Liman delivered a judgement in Suit No. FHC/L/CS/173/2020 between Olukoya Ogungbeje V Lagos State Government & 7 Ors.
The Court in its judgment assumed jurisdiction in the case on the premise that both the Federal High Court and State High Court exercise concurrent jurisdiction over Fundamental Human Right cases.
The Presiding Judge, Hon. Justice Liman held that the applicant who admitted being a Car owner and not a Motorcycle or Tricycle operator cannot complain of his right in any form being infringed upon.
Justice Liman, dismissed the originating summons of the applicant for lacking merit.
He said, the applicant failed to place material facts to support his deposition as well as provide evidence for the alleged death of a person at Iyana Ipaja.
“The restriction of Motorcycles, Tricycles within 6 Local Government Area and 9 Local Council Development Area in the State is not an infringement of Fundamental Human Rights”, Justice Liman ruled.
It will be recalled that the Attorney General of Lagos State, Mr Moyosore Onigbanjo SAN, was in Court on Tuesday 2nd February to argue the originating summons which upheld the Executive Order as signed by Governor Babajide Sanwo-Olu.
