[size=14pt]A Lagos High Court sitting in Igbosere has ruled that it would visit the proposed toll-gate to be constructed at Lekki-Epe Expressway in Lagos before determining a suit challenging its construction. The court made the decision to determine if it infringes on the movement of a legal practitioner, Ebun-Olu Adegoruwa, who had instituted the suit against the state government and four others over construction of the proposed toll gate.

In the suit before the state high court, the claimant had stated that the toll-gate if constructed would violate his fundamental rights to freedom of movement as enshrined in the Nigerian constitution of 1999.
He is contending that Lagos State government along with Lekki Concession Company Limited, Lagos State Works and Management Board, Attorney-General of Lagos State and Eti-Osa Local Government Council are not entitled to charge or collect any toll, money, fee or tariff on any road built in Lagos.

The trial judge, Justice Candido-Johnson, made the ruling to visit the site after listening to counsels on both sides. Adedoruwa had urged the court to grant his application seeking a referral to the Appeal Court to determine whether he had the right to challenge the defendants over the toll-gate before returning to the High Court for continuation of proceedings. The defence had, however, urged the court to see the site of the proposed toll-gate before proceeding on the matter.

The claimant is asking the court to declare as illegal, the construction and collection of toll at the Lekki-Epe Expressway by the Lekki Concession Company and the state’s concession to the company as illegal and a hindrance to mobility of Lagosians.

He is also praying the court to order the removal and dismantling of those toll points on the expressway. Specifically, the lawyer is urging the court to make an injunction restraining the defendants and their agents from collecting money from him or any member of the public for using that road.[/size]


This is a good case, we shall see how it goes ?