Court nullifies toll on Lekki-Ikoyi bridge !


Judge Stops Tolling On Lekki-Ikoyi Bridge

Justice Saliu Saidu of a Federal High Court sitting in Lagos on Thursday nullified the collection of toll or tariff on the Lekki-Ikoyi bridge.
The court based its judgment on the grounds that there is no existing law in Lagos State permitting the collection of toll on the newly constructed Lekki- Ikoyi bridge.
The court held that the power of control of all navigable waterways in Nigeria resides with the Federal Government.
Justice Saidu also declared that from the documents before the court, the only justification for the toll fee on the bridge by Lagos State is the Private Partnership Law.
The judge, however, said that PP Law could not apply to the Lekki-Ikoyi bridge as it was built with the money of Lagos State without any private partnership involved.
The suit was filed by a Lagos-based human rights activist, Mr. Ebun-Olu Adegboruwa, against the Lagos State Government to contest imposition of toll on the bridge.
The Attorney-General of the Federation, the National Inland Waterways Authority (NIWA), Attorney- General of Lagos State and the Lagos State Government were joined in the suit as co-respondents.
Justice Saidu said: “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 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.
“The fact before this court is that the bridge was built with the third respondent’s money.
“I agree and uphold the construction of the bridge, and the power of the LASG to generate revenue there from, but the existing laws does not cover it.
“I therefore hold that the third respondent can only make a law to that effect, before it can collect tolling on the Lekki-Ikoyi bridge” the court held.”
Adegboruwa filed the suit on November 26, 2012, praying, among other things, for a declaration that the Lagos state government had no authority to erect a bridge, on the Lagos Lagoon which is categorised by law as federal navigable waterways.
But the state government vowed to appeal the judgment.
In a statement made available to journalists, the state Attorney-General and Commissioner for Justice, Mr. Ade Ipaye, said the judgment contained three fundamental errors, saying: “we are therefore filing an appeal as well as an application for stay of execution immediately.”
Ipaye said: “Firstly, without addressing the submissions of the parties on the point, the court held that the payment made by Julius Berger (Contractor to the state government) to the Nigerian Inland Waterways Authority (NIWA) in respect of the bridge construction, amounted to a concession that NIWA was the only authority to regulate inland waterways in Nigeria.
“With utmost respect for His Lordship, the 3rd and 4th Respondents (Lagos State Government) never made such concession. The payment of N10 million was made by our contractors when NIWA was stalling the multi-billion naira construction.”
According to Ipaye, the state government indicated to the court that it filed the proof of payment by its contractor without prejudice to its comprehensive arguments on the right of the state to control its inland waterways.

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