Lagos State government has described the statements circulating in the media that it does not have the legal right to collect tolls on the controversial Lekki-Ikoyi Link Bridge as erroneous.
The Attorney-General and commissioner for Justice, Moyosore Onigbanjo, in a statement to debunk the viral statements stated that, ‘’Our attention has been drawn to the erroneous statements circulating in the media that the Lagos State Government does not have the legal right to collect tolls on the Lekki-Ikoyi Link Bridge and that tolling on the Link Bridge is unlawful.
Onigbanjo noted that the misleading statements were based on the false premise that the Lagos State government has no pending appeal against the judgment of the Federal High Court in Suit No FHC/L/CS/1405/02 between Ebun-Olu Adegboruwa Esq. Vs. Attorney General of The Federation & Ors.
In the light of the misrepresentation, the commissioner said it has become necessary to state as follows; “On the 27th day of March 2014, the Federal High Court delivered judgment in Suit No FHC/L/CS/1405/02.
“Thereafter on 28th of March, 2014 the Lagos State government (sued as 3rd and 4th Respondents) filed a Notice of Appeal against the judgment of the Federal High Court and an application for stay of execution and injunction pending appeal.
“That on 11th of November, 2014 the Lagos State government filed an application for extension of time within which to compile and transmit the Records of Appeal, at the Court of Appeal
“However, on the 9th of October, 2017 owing to lack of representation on the part of Lagos State Government, the application for extension of time to transmit the Records of Appeal, filed on the 11th of November, 2014 was struck out and the Court stated:“Since Applicant is aware of today’s date and is not in court, we take it that applicant is not diligent in prosecuting its application. It is hereby struck out. Number Deleted.
“From the foregoing quote what was struck out was the application (that came up before the Court of Appeal on 09/10/17) and not the appeal. There is a distinction between striking out an application and striking out an appeal.
“As at date, there is no order striking out Lagos State Government’s appeal against the judgment of the Federal High Court delivered on 27th of March, 2014 in Suit No FHC/L/CS/1405/02.
“It is also notable that before the Federal High Court, the claimant sought ten (10) Declaratory reliefs and one (1) order of injunction[1], to restrain the Lagos State Government from collecting tolls on the Lekki-Ikoyi Link Bridge.
“However, in its judgment dated the 27th March 2014, the Federal High Court did not specifically or expressly grant either the Declarations or the injunction sought. It rather only held that:
“I agree and uphold that the construction of this bridge was authorized and the 3rd Respondent 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 the law to that effect before it can collect toll on the bridge.
“Dissatisfied with the lack of clarity and precision in the judgment amongst other grievances the Lagos State Government filed a Notice of Appeal against the judgment on 28th March, 2014.”