The Lagos State government on Monday urged the Federal High Court to stay execution of the judgment nullifying collection of toll on the Lekki-Ikoyi Bridge.
Lagos State Attorney-General, Mr. Ade Ipaye, who filed an appeal of behalf of the state, implored the court to order the maintenance of the status quo until the determination of the appeal.
Ruling last month on the anti-toll collection suit filed by human rights lawyer, Ebun Adegboruwa, presiding judge, Justice Saidu, J. had held that the power of control over all navigable waterways in Nigeria resides in the Federal Government, and not any state government.
He held that from all the documents made available to the court, the only justification for the toll fee on the bridge by Lagos State is the private partnership law.
However, he noted that the law could not apply to the Lekki-Ikoyi Bridge since it was built with the money of the Lagos State Government, without the involvement of any private partnership.
“Thus, since there is no law supporting the toll fee, it is illegal and should be stopped forthwith”, Justice Saidu had said.
But in his appeal, Ipaye argued that the court did not make a specific order of injunction stopping toll collection on the bridge. He therefore prayed for an order mandating all parties to maintain the status quo.
“It’s in the interest of justice to grant stay pending appeal, or to make an order to maintain the status quo,” he said. “The status quo is what is going on there now”.
Adegboruwa urged the court to dismiss Ipaye’s prayers, saying the state has so far failed to comply with the initial court ruling.
Immediately after the ruling was delivered on 27th March 2013, Ipaye had signified the unwillingness of the state government to discontinue with toll collection on the bridge.
“The judgment read this morning did not specifically address many of the questions raised by the applicant, neither did it grant any of the declarations sought”, Ipaye had told journalists.
“So they [road users] will continue to pay. All the same, we are not ruling out any kind of interpretation”.
Lagos Moves To Stay Execution On Lekki-Ikoyi Bridge Toll Collection
The Lagos State government on Monday urged the Federal High Court to stay execution of the judgment nullifying collection of toll on the Lekki-Ikoyi Bridge.
Lagos State Attorney-General, Mr. Ade Ipaye, who filed an appeal of behalf of the state, implored the court to order the maintenance of the status quo until the determination of the appeal.
Ruling last month on the anti-toll collection suit filed by human rights lawyer, Ebun Adegboruwa, presiding judge, Justice Saidu, J. had held that the power of control over all navigable waterways in Nigeria resides in the Federal Government, and not any state government.
He held that from all the documents made available to the court, the only justification for the toll fee on the bridge by Lagos State is the private partnership law.
However, he noted that the law could not apply to the Lekki-Ikoyi Bridge since it was built with the money of the Lagos State Government, without the involvement of any private partnership.
“Thus, since there is no law supporting the toll fee, it is illegal and should be stopped forthwith”, Justice Saidu had said.
But in his appeal, Ipaye argued that the court did not make a specific order of injunction stopping toll collection on the bridge. He therefore prayed for an order mandating all parties to maintain the status quo.
“It’s in the interest of justice to grant stay pending appeal, or to make an order to maintain the status quo,” he said. “The status quo is what is going on there now”.
Adegboruwa urged the court to dismiss Ipaye’s prayers, saying the state has so far failed to comply with the initial court ruling.
Immediately after the ruling was delivered on 27th March 2013, Ipaye had signified the unwillingness of the state government to discontinue with toll collection on the bridge.
“The judgment read this morning did not specifically address many of the questions raised by the applicant, neither did it grant any of the declarations sought”, Ipaye had told journalists.
“So they [road users] will continue to pay. All the same, we are not ruling out any kind of interpretation”.
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