Court Of Appeal Affirms High Court’s Judgment On Okada Ban In Lagos State

The Court of Appeal has affirmed the judgment of the High Court of Lagos State which had earlier held that the Section 3 of the Lagos State Road Traffic Law 2012 was not unconstitutional.

The Appellants (The Incorporated Trustees of All Nigerians Autobike Commercial Owners and Workers Association (ANACOWA) and other persons via an Originating Summons had approached the High Court of Lagos State to contest Section of the Lagos State Road Traffic Law 2012 as violation of their right to freedom of movement and sought an order of the Court to declare the said Section unconstitutional.

Justice Opesanwo on 13th December 2012 had ruled that the Road Traffic Law regulates other forms of vehicles and as such the right of the claimants to their constitutional right to freedom from discrimination has not been violated.

The court held that the Law did not violate the right of the claimants to move freely across the State as the “the objective of the Road Traffic Law is not the movement of person but the mode, means or tools of movement.”
The Court therefore dismissed the suit filed by Okada riders challenging the Lagos state traffic law which banned their operations on the federal highways in the State.

Dissatisfied with that judgment, ANACOWA, through their counsel, Mr Bamidele Aturu filed an appeal contesting the judgment at the Lagos Division of the Court of Appeal.

However, the Court of Appeal 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 is 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 some 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 meters of bus stops and motor parks within the State, amongst others
The court thereby affirmed the judgment of the lower court.