Lekki toll gate: Lagos claims misrepresentation of legal status on collection of tolls

Says appeal against lower court verdict still pending

Lagos State Government has alerted to misrepresentation of facts in statements circulating in the media that it does not have legal right to collect tolls on the controversial Lekki-Ikoyi Link Bridge and that tolling on the Link Bridge is unlawful.
 
The state Attorney-General and Commissioner for Justice, Moyosore Onigbanjo, in a statement 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.
  
According to him, in the light of this misrepresentation, 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.

“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.

“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 March 17, 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 authorised 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.

 “Notwithstanding the above position of the law, the Lagos State Government affirms that it will continue to engage with all stakeholders and concerned members of the public in the Lekki axis and will abide by commitments and concessions made at the various stakeholders’ meetings.”
 
Onigbanjo stressed that based on the foregoing, the statements that the collection of tolls on the Lekki-Ikoyi Link Bridge is unlawful and without legal basis or right are clearly incorrect, saying that “the Lagos State Government’s appeal against the judgment of the Federal High Court subsists and the judgment of the Federal High Court cannot be enforced at this stage.”