Ikoyi Link Bridge Toll: Case still at Appeal Court — LASG
By Okezu Pascal
The Lagos state government has cleared the air on the purported striking out of its application for the stay of execution/injunction pending appeal at the Appeal court as reports of the illegality of the toll collection on the Ikoyi admiralty link bridge continue to make the headlines.
Recall that a suit seeking to determine the legality of the toll collection was filed against the Lagos state government at the federal high court Holden at ikeja, by Mr. Ebun-olu Adegboruwa Esq.
In his suit, he had sought 10 declarations and one injunction, including a declaration that the Lagos state government had no jurisdiction over the Lagos and Lekki waterways as they were controlled by the federal government.
According to the suit, the Lagos State could not enjoy tolls or any other monetary benefits from bridges that were built over these waterways.
He also prayed that the court to grant an injunction restraining the Lagos state government from further collection of tolls, taxes and other levies from the users of the Ikoyi link bridge.
But in a press release made available to Nigerian Newsdirect, the attorney general of the State, M.J. Onigbanjo (SAN) described as misleading, reports that the Lagos state government had no pending appeal against the judgment of the federal high court.
In its judgment, the court held that “I agree and uphold that the construction of this bridge was authorized and the 3rd respondent (Lagos state) has the power to generate revenue thereon from the subject matter but the existing law did not cover this bridge and the 3rd respondent can only make law to that effect before it can collect toll on the bridge.”
Dissatisfied with the ruling and citing a lack of clarity and precision in the judgment, the state government immediately appealed its decision and as it stands the appeal court is yet to determine the motion filed by the state government.
Citing various instances including VASWANI TRADING COMPANY VS SAVALAKI & CO (1972), the state government argued that “The position of the law is that once a notice of appeal is filed along with an application for stay of execution/injunction pending appeal, the judgment being appealed against cannot be enforced until the application for the stay of execution/injunction has been determined.”
It further noted that contrary to what mischief makers would have the general public believe, the suit appealing the judgment of the federal high court which was filed on the 28th of march 2014, a day after the federal high court’s ruling was not struck out, instead, it was an application for the extension of time within which to compile and transmit the Records of Appeal, filed on the 11th of November 2014, that was struck out on the 9th of October 2017 due to a lack of representation on the part of the Lagos state government.
Following this, the government called for continued engagement between them and relevant stakeholders as well as concerned members of the public as it would find a way to resolve the impasse with a promise to adhere to whatever resolutions and concessions agreed upon.
