Lagos State Govt Challenges High Court Decision Over Lekki-Ikoyi Link Bridge.

OFFICE OF THE ATTORNEY-GENERAL AND COMMISSIONER FOR JUSTICE

IN RE: LEKKI-IKOYI LINK BRIDGE CASE

1. The Lagos State Government has formally appealed against the judgment delivered by the Federal High Court presided over by Justice S. Saidu on March 27, 2014 which held that there was no law to cover the toll being collected by Lagos State Government.

2. In the notice of appeal dated Friday, March 28, 2014 and filed on the same date, Lagos State Government is challenging the decision arrived at by the Federal High Court to the effect that the fact of payment by its contractors to National Inland Waterways Authority (NIWA) was an admission by the State that the Federal Government had constitutional or legislative authority to regulate inland waterways throughout the country. 

3. More importantly, the State Government wants the Court of Appeal to reverse the decision of the Federal High Court to the effect that there was no law enacted by the Lagos State House of Assembly authorising the State to impose tolls on public infrastructure in the State. According to the State Government, the Lagos State Public Private Partnership Law No. 2 of 2011 clearly empowers the Government to specify the service charges, user fees or tolls which are payable in respect of designated public infrastructure or public assets. 

4. In addition to the Notice of Appeal, the State Government by an application dated and filed on Mach 28, 2014 in the Federal High Court, is praying for an order to stay the execution of the judgment delivered in the suit and to restrain the Respondents from giving effect to the judgment delivered pending the determination of the appeal filed against the said judgment.

5. The processes have been served on all the parties to the suit and Thursday, April 3, 2014 has been fixed by the Appeal Section of the Federal High Court for settlement of record of proceedings. 

No date has been fixed for the hearing of the application for stay of execution.

Lawal Pedro, SAN

Solicitor-General/Permanent Secretary

April 1, 2014 

 

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