Lagos Traffic Law: Okada Riders Vow Resistance

okada riders

Okada riders

Commercial motorcycle operators, also called Okada riders, in Lagos State, Southwest Nigeria have vowed to resist the new traffic law banning them from operating on major roads in the metropolis.

The okada riders have gone to court to seek an injunction retraining the government from banning them.

The new road traffic law banned okada riders from plying 475 roads across the Lagos metropolis and the state government has gazetted the law and is preparing to enforce it any moment from now.

Okada riders under the aegis of the All Nigerian Autobike Commercial Owners and Workers Association, ANACOWA, through their solicitor, Bamidele Aturu, said they were ready to engage the government in a contest at the court.

“The okada riders are saying no retreat, no surrender on this matter. The Lagos State Government always claims to abide by the rule of law. The constitution has said the states cannot impose a state traffic law on federal highways in their state.

“They are expecting the court to come to their aid. If these people are thrown out of jobs, there will be increase in robbery. The battle is on again,” he said.

In the suit filed at the High Court of Ikeja through their counsel, Aturu, ANACOWA is seeking “an order of perpetual injunction restraining the defendants (LASG) whether by themselves, agents, servants, officers, and or privies by whomsoever and howsoever from prohibiting the claimants and members of their associations (ANACOWA) from riding, driving and or propelling of a cart, wheel barrow, motorcycle or tricycle on the major highways in Lagos listed in items 1-11 and other parts of Schedule II thereto which Major Highways are Federal Trunk or Highway Roads within the meaning of the Federal Highways Act, cap F13, Laws of the Federation of Nigeria, 2004 and from molesting, harassing, arresting, seizing their motorcycles or vehicles and in any other way subjecting them to any treatment, disadvantage or disfavour not suffered by any other road user.”

The okada riders are also seeking an order directing the defendants to release forthwith all motorcycles belonging to the claimants and their members seized by and in the custody of the defendants and their agents and or officers.

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In the suit, the okada riders are seeking a declaration that the Major Highways in Lagos listed in Items 1-11and other parts of Schedule II to the Lagos state road traffic law, No 4 of 2012 are federal trunk or highway roads within the meaning of the Federal Highways Act, cap F13, Laws of the Federation of Nigeria, 2004.

They also sought a declaration that section 3(1) of the Lagos State Road Traffic Law, No 4 of 2012 to the extent that it prohibits the riding, driving or propelling of a cart, wheel barrow, motorcycle or tricycle on the major highways in Lagos listed in Items 1-11 and other parts of Schedule II thereto which major highways are federal trunk or highway roads within the meaning of the Federal Highways Act, cap F13, Laws of the Federation of Nigeria, 2004, is in fundamental conflict with section 4(3) of the Constitution of the Federal Republic of Nigeria, 1999 as amended and is therefore ultra vires, illegal, unlawful, unconstitutional, null, void, oppressive, inoperative and of no effect whatsoever.

The motorcyclists want a declaration that the defendants have no power whatsoever to make any law to regulate traffic on any of the Federal Trunk or Highway Roads listed in Schedule II to the Lagos State Road Traffic Law, No 4 of 2012 and in the Federal Highways Act, cap F13, Laws of the Federation of Nigeria, 2004 and that section 3(1) of the said Lagos State Road Traffic Law, No 4 of 2012 to the extent that it prohibits the riding, driving or propelling of a cart, wheel barrow, motorcycle or tricycle on any Federal Trunk or Highway Road is in fundamental conflict with section 4(3)of the Constitution of the Federal Republic of Nigeria, 1999 as amended and is therefore ultra vires, illegal, unlawful, unconstitutional, null, void, oppressive, inoperative and of no effect whatsoever.

In the Suit No ID/713M/2012 against Lagos State Government, the Attorney General of Lagos State and Lagos State House of Assembly, the okada riders are further seeking a declaration that section 3(1) of the Lagos State Road Traffic Law, No 4 of 2012 to the extent that it prohibits the riding, driving or propelling of a cart, wheel barrow, motorcycle or tricycle on the routes in Lagos listed in Schedule II thereto constitutes a wanton and an unjustifiable violation of the right to freedom of movement of the claimants and their members guaranteed by section 41(1) of the Constitution of the Federal Republic of Nigeria, 1999 as amended and Article 12 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement)Act, cap. A9, Laws of the Federation of Nigeria, 2004 and is therefore unconstitutional, unlawful, illegal, null, void and of no effect whatsoever.

They want a declaration that the incessant seizures or forcible possession of the motorcycles of the claimants and claimants’ members by agents and or officials of the defendants constitute a wanton and an unjustifiable violation of the right of the claimants and claimants’ members not to have their moveable property, to wit, their motorcycles taken possession of compulsorily guaranteed by section 44(1) of the Constitution of the Federal Republic of Nigeria, 1999 as amended and Article 14 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, cap. A9, Laws of the Federation of Nigeria, 2004 and is therefore unconstitutional, unlawful, illegal, null void and of no effect whatsoever.

The okada riders want the court to declare that section 3(1) of the Lagos State Road Traffic Law, No 4 of 2012 to the extent that it prohibits the riding, driving or propelling of a cart, wheel barrow, motorcycle or tricycle on the routes in Lagos listed in Schedule II thereto constitutes a wanton and an unjustifiable violation of the defendants’ duty to ensure that all citizens, without discrimination on any group whatsoever, have the opportunity for securing adequate means of livelihood as well as adequate opportunity to secure suitable employment provided for in Section 17(3)(a) of the Constitution of the Federal Republic of Nigeria, 1999 as amended and Article 22 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, cap. A9, Laws of the Federation of Nigeria, 2004 and is therefore unconstitutional, unlawful, illegal, null void and of no effect whatsoever.

The riders are also praying the court to declare that section 3(1) of the Lagos State Road Traffic Law, No 4 of 2012 to the extent that it prohibits the riding, driving or propelling of a cart, wheel barrow, motorcycle or tricycle on the routes in Lagos listed in Schedule II thereto constitutes a wanton and an unjustifiable violation of the right of the claimant and their members not to be discriminated against expressly, or in the practical application of any executive or administrative action of the government, to disabilities or restrictions to which citizens of Nigeria of other trade are not made subject guaranteed by Articles 2 and 3 of the African Charter on Human and Peoples’ Rights(Ratification and Enforcement) Act, cap. A9, Laws of the Federation of Nigeria, 2004 and is therefore unconstitutional, unlawful, illegal, null void and of no effect whatsoever.

—Kazeem Ugbodaga

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