Justice
Aishat Opesanwo of a Lagos High Court sitting in Ikeja, today dismissed the
suit filed by commercial motorcyclists popularly called Okada riders in Lagos
State, challenging the state’s traffic law which restricts their operation on
federal roads in the state.
Justice Opesanwo in her judgement
held that the Lagos State House of Assembly is constitutionally empowered and
has the right to make laws governing roads within the state.
She also dismissed the argument put
forward by the Okada riders that the state’s traffic law prohibits freedom of
movement as enshrined in the constitution and discriminates against them.
According to her, their argument lacks merit as she could not find in any of
the affidavits put before her, how they were discriminated upon.
“From the evidence before me, I do
not see how the Lagos State Traffic Law prohibits the movement of citizens in
the state. The law only prohibits certain means and mode of movement for
security and safety reasons. The Nigerian Constitution clearly prohibits any
restriction to movement of citizens but not inanimate objects such as
motorcycle,” she said.
She held that 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 groups, they cannot claim that they were discriminated upon by the
enactment of the Lagos traffic law.
Delivering her judgement, she said”
I hold that this action is lacking in merit. The action fails and is hereby
dismissed in its entirety”.