USA Africa Dialogue Series - PUBLIC STATEMENT ON SUIT FILED AGAINST THE NEW LAGOS STATE ROAD TRAFFIC LAW

PRESS STATEMENT ISSUED ON 3^rd SEPTEMBER, 2012 BY THE LAW FIRM OF BAMIDELE ATURU AND CO ON THE NEW LAGOS STATE ROAD TRAFFIC LAW

 

 

Bamidele Aturu Esq

 

We are solicitors to the INCORPORATED TRUSTEES OF ALL NIGERIANS AUTOBIKE COMMERCIAL OWNERS AND WORKERS ASSOCIATION and other citizens of Nigeria who have engaged our services to challenge the legality of the Lagos State Road Traffic Law, No 4 of 2012.

 

It has become necessary to issue this public statement in order to clarify our position. Our commitment is to the rule of law and we will support any measure by any of our governments aimed at orderly society and sanitizing our country on the condition that such measures or laws comply strictly with the rule of law and is not targeted at further impoverishing the poor. This is our fundamental article of faith.

Those who may want to demonise our readiness to challenge this law should remember that when we successfully challenged Lagos State House of Assembly in its attempt to impeach the incumbent Governor of Lagos State by misusing sections 128 and 129 of the Constitution we also relied on the need to preserve the rule of law. We will continue to do that no matter what any vested interests may think. This clarification is necessary to enable the public appreciate our position on the law and to make it clear that we do not support anarchy.

 

We shall continue to act to defend the rule of law and the poor. May God bless Nigeria!

 

Consequently, today, the 3rd of September 2012 we have filed a suit on behalf INCORPORATED TRUSTEES OF ALL NIGERIANS AUTOBIKE COMMERCIAL OWNERS AND WORKERS ASSOCIATION in Suit No ID/713M/2012 against Lagos State Government, the Attorney General of Lagos State and Lagos State House of Assembly. The claims in the said suit are as follows:

 

A DECLARATION that the Major Highways in Lagos listed in Items 1-11 and other part 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.

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.

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.

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.

 

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.

 

 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 Defendants' duty to protect the right of every citizen to engage in any economic activities outside the major sectors of the economy provided for in Section 16(1)(d) 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.

 

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 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.

 

 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 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 & 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.

 

AN ORDER of perpetual injunction restraining the Defendants whether by themselves, agents, servants, officers, and or privies by whomsoever and howsoever from prohibiting the Claimants and members of their Associations 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 disfavor not suffered by any other road users.

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.

 

 

signed

Bamidele Aturu Esq

 

General Counsel

 

Bamidele Aturu & Co

 

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BAMIDELE ATURU & CO.
24, MBONU OJIKE STREET, OFF AYINDE GIWA STREET,
OFF ALHAJI MASHA ROAD, SURULERE,
LAGOS STATE. NIGERIA. 

TEL.NO : +234-1-8043418, +234-8023128967,+234-8055999888,+234-8033375796. 
E-MAIL:aturulaw@yahoo.com
WEBPAGE: www.bamideleaturuandco.com