Only valid law can ban Okada operation, court tells govt

[TheNation]

 Plans by the Lagos State government to ban commercial motorcycle operations in the metropolis have suffered a setback.

A Federal High Court sitting in Ikeja, Lagos, stopped the government from banning or imposing restrictions on the operations of the cyclists on any road within the state.

Justice Steven Adah gave the order while ruling on an application filed by the motorcyclists (aka okada riders).

He held that there was no valid law enacted by the House of Assembly empowering the government to ban or restrict okada riders.

Such ban or restriction is null and void, until a law is enacted by the House, the judge said

Justice Adah said : “The Constitution guarantees freedom of movement, though such right is not absolute.”

He said the government could only restrict freedom of movement for reasonably justifiable reasons, such as public defence, public order, public safety, public morality and public health.

Such restriction, he said, must be backed by a valid law passed by the House of Assembly or the National Assembly.

The Okada riders had prayed the court to declare, among others, that the proposed ban and restriction of their operations constitutes a violation of their constitutionally-guaranteed freedom of movement.

Justice Adah said for the ban to have any effect, the government should go to the legislature to enact a relevant law.

He added that the government could not be dictatorial by resorting to an arbitrary imposition of restrictions on the operations of okada.

The judge said law enforcement agents could arrest okada riders who break traffic regulations, but emphasised that “bikers should not be harassed or arrested until there is a law.”

Justice Adah however dismissed the application of the okada riders in which they prayed the court to hold that they were being discriminated against by the state government since the operations of vehicles were not restricted.



TheNation