The Motorcycle Transport Union of Nigeria, MTUN, has sued the Lagos State Government before the Federal High Court sitting in Lagos following the ban and enforcement of okada operations in the state.
WITHIN NIGERIA recalls that Sanwo-Olu, had issued a ban on operations of commercial motorcycles, also known as Okada in some areas of the state.
The ban followed the gruesome murder of a Sound Engineer, David, who was lynched and burnt by some irate okada riders in the Lekki area of the state.
The okada riders union and others in the suit are praying for a declaration that the ban on okada “is illegal, unlawful and unconstitutional.”
Other applicants in the suit are; Lagos State Governor, Babajide Sanwo-Olu, state Attorney-General and Commissioner for Justice, Moyosore Onigbanjo SAN, Commissioner of Police, Abiodun Alabi, Lagos State Task Force and others.
Lagos State and Commissioner for Transport, Dr Fredric Oladeinde are the defendants.
In the suit numbered FHC/L/CS/1016/2022, the applicants prayed the court for a declaration that the “purported proposed ban of the commercial motorcycle transportation in Lagos State by the governor, without hearing from the operators whose rights are affected or likely to be affected is a violation of the constitutional rights of the applicants to fear to hear provided for and encapsulated in Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 as amended.”
The applicants also sought f declaration that the ban of the business of commercial motorcyclists in Lagos by the government “is a violation of the rights of the applicants guaranteed by Section 33 of the 1999 Constitution as amended who cannot be alive without food and other means of sustenance and whose income is the business of commercial motorcycle transportation.
Alternatively, they prayed the court to grant an order compelling the government to provide jobs for the teeming commercial motorcycle riders in the state.
In the affidavit in support of the application, sworn to by one Pastor Emmanuel Donatus, the deponent stated that he and other operators had no means of sustenance apart from the business of Okada.
They prayed the government to restrict Okada operations on major highways to “approved areas”, rather than banning their operations.
He added that during the regime of the former Governor, Babatunde Fashola, SAN, the union was engaged by the government on how to regulate their operation in the state, including issuing identification cards to members and others.
Donatus maintained that by regulating the activities and operations of the riders, motorcycle related crimes will be reduced.
However, the suit was yet to be assigned as of press time.
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