Tuesday, 3 April 2012

The Lagos state governmenton Monday told a Federal High Court Bamidele Aturu had earlier told the court that there is no law in Lagos State which empowered the executive to ban the operations of commercial motor cyclists on Lagos roads. According to him, the state house of assembly has not, as at date, put in place any law to back the action of the government to ban, seize commercial motor cycles or arrest the operators adding that the state government also do not have any authority to ban Okada from federal roads. Mr Aturu also told the trial court that the respondents raised certain fundamental issues in their written address before the court which he said are not justifiable under the provisions of Chapter 2 of the constitution and certain provisions of the African Charter on Human and People’s Right. He accused the respondents of embarking on a selective reduction of the applicants’ claim to just the provisions of Chapter 2 of the constitution. Citing relevant decided caseson whether provisions of chapter 2 of the constitution are enforceable, he said thatsection 13 of that chapter gave all organsof government and any person exercising legislative power to implement chapter 2 of theconstitution. “When two sections of the constitution are in conflict, the latter section prevails”, he said. The presiding judge adjourned the matter to the 4 May for ruling. The applicants are seeking amongother declarations thatthe proposed ban and restriction of their operations will constitute a violation of their constitutionally-guaranteed freedom of movement. The Okada riders are demanding that the court gives an order of perpetual injunction restraining the Lagos state government fromhindering their operationor arresting their members for usingcommercial motorcycles or in anyother ways preventing the members from gainful employment through the use andor operation of their motorcycles. They also sought an order directing the respondents to release all the motorcycles that had so far been seized.

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