A’Court Uphold Constitutionality Of Lagos Traffic Law On Okada Restriction

A’Court Uphold Constitutionality Of Lagos Traffic Law On Okada Restriction

The Lagos Division of the Court of Appeal upheld the judgment of Justice Aishat Opesanwo of the Lagos High Court, which upholding the constitutional power of the state to restricts movement of commercial motorcyclists, popularly known as Okada ridersfrom plying some routes in the State.

The Court of Appeal in an unanimously verdict held that Section 3 of the Lagos State Road Traffic Law 2012 was not ultra vires the powers of the Lagos State House of Assembly to enact laws for the State.

The Court further stated that the law was enacted with the overriding intention to protect the interest of the public, provide environmental sanity and reasonably justifiable for a society like Lagos State.

The Lagos State Road Traffic Law which came into effect on August 2, 2012 restricts the operations of commercial motorcycle on about 475 out of the over 9,000 roads in Lagos State.

The Law also prohibits other activities considered inimical to road traffic including hawking, drunk driving,  and sale of alcoholic drinks within 100 metres of bus stops, and motor parks within the State, amongst others.

However, worried that the Law will affect their livelihood, the Okada riders, under the aegis of

All Nigerians Autobike Commercial Owners and Workers Association, had asked the court to restrain the state government from prohibiting their operations on the highways.

They had argued through their counsel, late Bamidele Aturu, that some of the restricted roads were federal roads listed under the Federal Highways Act, cap F13, Laws of the Federation of Nigeria, 2004.

They had prayed the court to declare  section 3(1) of the law which prohibits the riding, driving or propelling of a cart, wheel barrow, motorcycle or tricycle on the Major Highways in Lagos, as unconstitutional.

The commercial motorcycle operators had further asked for a declaration that the defendants have no power whatsoever to make any law to regulate traffic on any of the Federal Trunk or Highway Roads.

The claimants said restricting their operations on the said roads would violate their rights to freedom of movement, guaranteed by section 41(1) of the Constitution of the Federal Republic of Nigeria, 1999 as amended.

But the state government and the House

of Assembly had opposed the suit,

saying they had the power to make

and execute laws on all the roads in

the state.

They had argued that there was no

law passed by the National Assembly

declaring any road to be federal.

Prof. Yemi Osinbajo, now the vice-president of Nigeria, while defending the Assembly in the case, argued that the 1999 constitution only empowers the National Assembly to designate

roads as “federal trunk roads”.

He said, “As required by part III

paragraph 1 to the Second Schedule,

the National Assembly can only

designate or declare a road as federal

trunk road either by an Act or a

resolution passed by both houses of

the National Assembly.

The second defendant urged the court to hold that the House of Assembly validly exercised its powers to make law in respect of these highways.

Justice Aishat Opesanwo in a judgment on the suit held that the Lagos State House of Assembly has the right to make laws governing roads within the state.

The Judge held that from the evidence before her, the Lagos state traffic law did not in anyway prohibit freedom of movement as alleged by okada riders.

Justice Opesanwo also said that "from the evidence before me, I do not see how the Lagos State Traffic Law prohibits the movement of citizens in the state." 

Adding that the law only prohibit certain means and mode of movement for security and safety reasons. 

She also held that the Nigerian Constitution clearly prohibit any restriction to movement of citizens but not inanimate objects such as motorcycle.

Justice Opesanwo also held that the argument by the Okada riders that the Lagos Traffic law discriminate against them, lacks merit as she could not find in any of the affidavits put before her, how they were discriminated upon.

She held that the Nigerian Constitution only make for discrimination on the ground of sex, state of origin, religion, ethnic group and that since the Okada riders do not fall in any of these group, they cannot claim that they were discriminated upon by the enactment of the Lagos traffic law.

She noted that Okada Riders in the state does not constitute a community and has not been in anyway discriminated upon.

"Today having the originating summons, am obliged that it lacks merit, so it is dismissed."

While dismissing the action, she said " I hold that this action is lacking in merit. The action fails and is hereby dismissed in its entirety"