Confusion, jubilation as court bars Lagos from collecting toll on Lekki-Ikoyi bridge

Lekki-Ikoyi bridge

There was jubilation among the populace and visible confusion at the seat of government yesterday when a Federal High Court, Lagos ruled that there was no existing law in Lagos State permitting the collection of toll on the newly constructed Lekki-Ikoyi Suspension Bridge.

SHOWBIZPLUSng gathered that Justice Saliu Saidu, said this while delivering judgment in a suit by a Human Rights activist, Mr. Ebun-Olu Adegboruwa, against the Lagos State Government (LASG), over collection of toll on the bridge.

The Attorney-General of the Federation and the National Inland Waterways Authority (NIWA) were joined as first and second respondents respectively in the suit.

Also, the Attorney-General of Lagos State, Mr Adeola Ipaye, and the Lagos State Government were third and fourth respondents respectively.

Saidu said that he considered the case on its merit, rather than delving into technical issues raised in the addresses of counsel.

“The further counter affidavit of the third and fourth respondents and the response of the first and second respondents have answered most of the questions before this court.

“The second respondent, NIWA, is the only Federal Agency empowered to form and regulate Navigable Waterway in the country, in line with the NIWA Act.

“The applicant did not contest this issue, but only goes further to raise the issue of collection of toll from the subject matter.

“The third respondent tried to justify the collection of such toll in paragraph 26 of their counter- affidavit by stating that when the bridge is erected, its proceeds will be applied to the consolidated revenue fund of the Lagos State Government.

“The question now is, has the Lagos State Government made the appropriate law to enable her collect such toll on the bridge?

“The third respondent only cited sections 27, 28, and 29 of the Lagos State Public Private Partnership Law 2011 as making provision for the collection of revenue.

“There is nothing before me to show that the subject matter in this case was as a result of any Public Private Partnership Law, to enable the law of 2011 be extended to the instant case.

“The fact before this court is that the bridge was built with the fourth respondent’s money.

“I agree and uphold the construction of the bridge and the power of the Lagos State Government to generate revenue there from, but the existing law does not cover it.

“I therefore hold that the fourth respondent can only make a law to that effect before it can collect tolls on the Lekki-Ikoyi Bridge,” Saidu held.

The News Agency of Nigeria (NAN) recalls that Adegboruwa had filed the suit on Nov. 26, 2012.

He had sought for a declaration that the LASG had no authority to erect a bridge on the Lagos Lagoon categorised by law as federal navigable waterways.

He had also sought a determination of the court as to whether there existed any law in Nigeria authorising the collection of such tolls, tax or fee, from citizens.

Adegboruwa had asked the court to declare that the imposition of such tariff on road users is an illegal form of taxation that is inconsistent with the Constitution of the Federal Republic of Nigeria.

Reacting to the judgment,  Lagos State Attorney-General and Commissioner for Justice, Mr Ade Ipaye, said there was no specific court order barring the state government from collecting tolls on the Lekki-Ikoyi bridge.

Ipaye told newsmen that the state government would immediately appeal the judgment and also seek a stay of its execution.