No Law Empowers Lagos to collect tolls on Lekki-Ikoyi bridge – Court
By Olorunfemi Ojo
A Federal High Court, sitting in Lagos and presided over by Justice Saliu Seidu, today, ruled that Lagos State Government does not have an existing law permitting it to collect tolls on the newly constructed Lekki-Ikoyi Bridge.
Delivering his judgment on a suit filed by Ebun-Olu Adegboruwa, a lawyer and human rights activist, against the Lagos State Government over collection of toll on the bridge; Justice Seidu held that the state can only make a law to that effect, before it can collect tolls on the bridge.
The judge said, he would consider the case based on its merit rather than delving into technical issues raised in the addresses of both the applicant’s and respondents’ counsels.
Joined as first and second respondents are the Attorney General of the Federation and the National Inland Waterways Authority, NIWA.
Ade Ipaye, the Attorney General of Lagos State, and the Lagos State Government are the third and fourth respondents respectively.
Justice Seidu in his ruling delivered, “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 respondents’ 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 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 judge added.
