Commercial motor-cyclists sue Gov. Oshiomhole

JETHRO IBILEKE/Benin

Nigerian Operators of Commercial motorcycles,popularly known as ‘Okada riders’, have dragged Governor Adams Oshiomhole of Edo State to a Federal High Court in Benin, challenging the ban of the operation in Egor, Oredo and Ikpoba-Okha, the three local government areas in Benin metropolis.

The applicants are praying the Court to grant them a perpetual injunction restraining the Respondents by themselves, agents, servants or privies whosoever, from carrying out the orders of the governor in the affected local government areas.

The Plaintiff, Charles Apiloko James, on behalf of himself and others, while describing the ban as unconstitutional and illegal, contends that the governor does not have powers to verbally ban Nigerians from using their validly licensed motorcycles; neither can he make laws nor abrogate existing road traffic laws.

Counsel to the Plaintiff, Dele Igbinedion, said the ban constituted a violation of the rights of his clients to fair hearing and freedom of movement a as guaranteed by the Constitution of the Federal Republic of Nigeria, as amended and Articles 7 and 12 of the African Charter on Human and Peoples’ Rights Act, Laws of the Federation of Nigeria 2004.

In the 24-paragraph affidavit in support of the suit, the plaintiff averred that Governor Adams Oshiomhole’s verbal ban impliedly cancels his licenses, all duly obtained and still valid, adding that the duty of the governor “is to execute laws validly made by the State House of Assembly,” adding that the threat to confiscate and destroy his motorcycle with valid registration number QC 093 GBZ, was ultra vires.

The suit has been fixed for 8 July, 2013 for mentioning.

The Edo State Government had banned the use of Okada in the affected areas after a state Security Council meeting, saying that it was evident that the state had become a safe haven for all manners of bike riders, who have been involved in kidnapping and other forms of violent crimes including robbery.