Hello Friends!
I actually find this story very interesting...Is anyone putting into consideration the high rate of criminal acts (Theft, Kidnap, Rape etc) that are being perpetuated by most of these so called Okada riders?
Has anyone stopped to think of the daily deaths that occur on our roads (especially in the Ikeja axis) as a result of their reckless driving?
Maybe the Lagos State Government should enquire from other States on how they tackled and completely banned the use of Commercial Motor cycles in their respective states. A common and functional case in point is the State of Akwa Ibom...
Lagos State Attorney-General and Commissioner for Justice, Mr. Ade Ipaye, has said the state government has neither banned nor restricted the movement of commercial motorcyclists in the state.
Ipaye said this at a Federal High Court, Ikeja, on Monday in his reply to a suit filed by four motorcycle operators’ associations.
Ipaye said this at a Federal High Court, Ikeja, on Monday in his reply to a suit filed by four motorcycle operators’ associations.
The okada riders, through their counsel, Mr. Bamidele Aturu, had sued the state government and the Attorney-General over their proposed plan to ban or restrict their operations in the state.
Justice Steven Adah has adjourned till May 4 for judgment in the suit after hearing parties in the suit on Monday.
However, contrary to the claim by the plaintiffs that the government was already seizing their motorcycles and restricting their operations in some parts of the state, Ipaye said, “that has not taken place.”
Ipaye stated, “This case goes to the root of how our society is governed. It raises the question of whether the executive should be free to weigh options available to it; to make policy decisions, including making legislative proposals to the legislature.
“I wish to also draw the attention of the court to the restriction or ban alleged by the applicants.
“It has yet to take place and all the pieces of evidence which the applicants have supplied to the court are paper cuttings – No direct piece of evidence regarding the state of the affairs.”
The plaintiffs are the Trustees of National Commercial Motorcycle and Tricycle Owners and Riders Association; Motorcycle Transport Union of Nigeria; Trustees of All Nigerians Autobike Commercial Owners and Workers Association; and Okada Welfare Association.
They are seeking among other declarations that the proposed ban and restriction of their operations will constitute a violation of their constitutionally-guaranteed freedom of movement.
The plaintiffs, who accused the government of “incessant seizures or forcible possession of our motorcycles,” are asking the court to declare that such act is an infringement on their rights.
They are also seeking the court’s declaration that the proposed government’s action violates its duty to “ensure that all citizens, without discrimination on any group whatsoever, have the opportunity of securing adequate means of livelihood.”
The okada riders, therefore asked the court to give an order of perpetual injunction, restraining the respondents from hindering their operation or arresting or preventing them from gainful employment through the use and or operation of their motorcycles.
They also sought an order directing the respondents to release all the motorcycles that had so far been seized.
Aturu, on Monday, asked the court to reject Ipaye’s argument that his clients’ prayers contained in Chapter two of the constitution could not be settled by court’s action.
He said Ipaye’s argument was a “selective reduction of the case of the applicants to just Chapter two of the constitution.”
He said apart from the said chapter, which guaranteed the socio-economic rights of the applicants, the rider also relied on various provisions of the African Charters on Human and People’s Rights.
According to him, various Supreme Court decisions have held that the provisions African Charter on Human and People’s Rights are enforceable in Nigeria.
He also opposed the government’s policy on the grounds that there was no written law by the Lagos State House of Assembly, which according to him, is the only organ, empowered to make such law, restricting or banning the operations of the commercial motorcyclists.
But Ipaye argued that attempt by the court to disallow the government to make regulations affecting the operations of business activities including the use of motorcycles would amount to “negating the doctrine of separation of power.”
Justice Steven Adah has adjourned till May 4 for judgment in the suit after hearing parties in the suit on Monday.
However, contrary to the claim by the plaintiffs that the government was already seizing their motorcycles and restricting their operations in some parts of the state, Ipaye said, “that has not taken place.”
Ipaye stated, “This case goes to the root of how our society is governed. It raises the question of whether the executive should be free to weigh options available to it; to make policy decisions, including making legislative proposals to the legislature.
“I wish to also draw the attention of the court to the restriction or ban alleged by the applicants.
“It has yet to take place and all the pieces of evidence which the applicants have supplied to the court are paper cuttings – No direct piece of evidence regarding the state of the affairs.”
The plaintiffs are the Trustees of National Commercial Motorcycle and Tricycle Owners and Riders Association; Motorcycle Transport Union of Nigeria; Trustees of All Nigerians Autobike Commercial Owners and Workers Association; and Okada Welfare Association.
They are seeking among other declarations that the proposed ban and restriction of their operations will constitute a violation of their constitutionally-guaranteed freedom of movement.
The plaintiffs, who accused the government of “incessant seizures or forcible possession of our motorcycles,” are asking the court to declare that such act is an infringement on their rights.
They are also seeking the court’s declaration that the proposed government’s action violates its duty to “ensure that all citizens, without discrimination on any group whatsoever, have the opportunity of securing adequate means of livelihood.”
The okada riders, therefore asked the court to give an order of perpetual injunction, restraining the respondents from hindering their operation or arresting or preventing them from gainful employment through the use and or operation of their motorcycles.
They also sought an order directing the respondents to release all the motorcycles that had so far been seized.
Aturu, on Monday, asked the court to reject Ipaye’s argument that his clients’ prayers contained in Chapter two of the constitution could not be settled by court’s action.
He said Ipaye’s argument was a “selective reduction of the case of the applicants to just Chapter two of the constitution.”
He said apart from the said chapter, which guaranteed the socio-economic rights of the applicants, the rider also relied on various provisions of the African Charters on Human and People’s Rights.
According to him, various Supreme Court decisions have held that the provisions African Charter on Human and People’s Rights are enforceable in Nigeria.
He also opposed the government’s policy on the grounds that there was no written law by the Lagos State House of Assembly, which according to him, is the only organ, empowered to make such law, restricting or banning the operations of the commercial motorcyclists.
But Ipaye argued that attempt by the court to disallow the government to make regulations affecting the operations of business activities including the use of motorcycles would amount to “negating the doctrine of separation of power.”
Source: Punch Metro
xoxo
Simply Cheska...
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