A Lagos High Court has dismissed the suit filed by the All Nigerians Autobike Commercial Owners and Workers Association (ANACOWA) challenging the state’s traffic law banning their operation on federal roads.
The presiding Judge, Justice Aishat Opesanwo ruled that the Lagos State House of Assembly has the right to make laws governing roads within the state.
The Judge held that from the evidence before her, the Lagos state traffic law did not in any way prohibit freedom of movement as alleged by Okada riders, adding that the law only prohibits certain means and modes of movement for security and safety reasons.
She also noted that the Nigerian Constitution clearly prohibit any restriction to movement of citizens but not inanimate objects such as motorcycle.
Justice Opesanwo also held that the argument by the Okada riders that the Lagos Traffic law discriminate against them, lacks merit as she could not find in any of the affidavits put before her, how they were discriminated upon.
According to her, the Nigerian Constitution only makes for discrimination on the ground of sex, state of origin, religion, ethnic group and that since the Okada riders do not fall in any of these group, they cannot claim that they were discriminated upon by the enactment of the Lagos Traffic Law.
She noted that Okada riders in the state do not constitute a community and has not been in anyway discriminated upon.
While dismissing the action, she said “I hold that this action is lacking in merit. The action fails and is hereby dismissed in its entirety”
The Okada riders, under the aegis of ANACOWA, had asked the court to restrain the state government from prohibiting their
operations on the highways.
operations on the highways.
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