Commercial motorcyclists (okada riders) in Lagos State have appealed against a court judgment, which on December 13, upheld the decision of the government to restrict their operations on 475 roads in the state.

The appellant, under the aegis of the Incorporated Trustees of All Nigerians Autobike Commercial Owners and Workers Association, filed seven grounds of appeal dated December 27, 2012 at the Lagos Division of the Court of Appeal.

The okada riders, through their counsel, Mr. Bamidele Aturu, are contesting the whole judgment which was delivered by Justice Aishat Opesanwo of the Lagos High Court in Ikeja.

They argued that Opesanwo erred in law by holding in her judgment that there was no any instrument by the National Assembly designating any road to be a Federal Trunk Road.

The appellant, had through their suit at the lower court, challenged some sections of the Lagos State Traffic laws.

They argued that the government and the House of Assembly lacked the powers to enforce or make any law on some roads considered as federal trunk roads in the state.

The notice of appeal read in part, “Section 28 of the Federal Highways Act, cap F13, Laws of the Federation of Nigeria, 2004 makes it clear that federal highways are federal trunk roads contrary to the decision of the learned trial judge.

“The learned trial judge ought to have held that the various Federal Highways (Declaration) Orders which designate certain roads as trunk roads are instruments or acts of the National Assembly having been made pursuant to an existing law, the Federal Highways Act, cap F13, Laws of the Federation of Nigeria, 2004 which predates the National Assembly.”

Among their other reasons for faulting the judgment was that the judge refused to agree that the Lagos Traffic Law was being used by the state government to encroach on Federal Trunk Roads or Federal Highways reserved for the federal legislature and the ministers respectively.

Aturu stated, “The learned trial judge who held clearly and unequivocally that some of the roads listed in the Schedule of the Lagos State Road Traffic Law, 2012 are Federal Highways under the Federal Highways Act ought to have found that the respondents cannot validly enact a law to control traffic on the Federal Highways.”

The respondents in the appeal are the state government, House of Assembly, and the Attorney-General and Commissioner for Justice, Mr. Ade Ipaye.

http://www.punchng.com/news/okada-riders-appeal-judgment-on-restriction/

These idiots no sabi say train don leave station already and there is no turning back....

smh...

Wetin don lost don lost jorrrrrrr! By the way....brb.

They'll lose again at the court of appeal