Judge Reverses Self..Ask For Stay Of Execution On Lekki Bridge Judgement

Justice Saliu Saidu of the Federal High Court in Lagos yesterday ordered a stay of execution of the March 27 judgment in which  he  declared that there was no law backing toll collection on the Lekki-Ikoyi bridge.

The Lagos State government filed the application for the stay of execution soon after the March judgement.

With yesterday’s  ruling,  tolling  will continue on the bridge until the appeal lodged by the Lagos State government challenging the judgment is determined.

The plaintiff,  in the original suit, Mr. Ebun-Olu Adegboruwa, said  yesterday that he  was ready for the appeal.

“We will pursue the appeal. The ruling is just temporary; it is not a reversal of the judgment of the court,” Adegboruwa said.

The court rejected Adegboruwa’s allegation that the state government was not entitled to being granted the application because it had disobeyed the judgment.

The judge said: “Though the respondent (Adegboruwa) has alleged that the applicants have disobeyed the judgment of court, a party cannot be held for disobeying an order he is appealing against.”

Justice Saidu added that the application by the state government fulfilled the necessary legal requirements.

The appeal and Adegboruwa’s cross appeal against the judgment, he said, presented “arguable grounds of appeal” and “recondite and substantial legal issues” to be sorted out by the Court of Appeal.

The judge added that the facts presented before the court by the applicants, were in his view, “special and exceptional circumstances” which warranted the granting of the application.

The Attorney General of the Federation and the National Inland Waterways, the first and second respondents in the suit, did not oppose the state government’s application for stay of execution.

Moving his application during hearing, Lagos Attorney-General, Mr Ade Ipaye, maintained that the court did not make a specific order of injunction stopping toll collection on the bridge.

“It’s now necessary to order that parties maintain the status quo,” Ipaye said.

Urging the court to grant the government’s prayers, the Attorney-General said the state  stood   to lose  more  should  the application be  refused.

He added: ”The loss he (Adegboruwa) is probably going to suffer, even if the appeal is dismissed, can be ascertained in terms of money because he has the receipts. The loss that he will suffer is one that can be remedied.

“On the other hand, if that bridge is closed, or if it is opened and all vehicles are free to pass, there is no way to capture the loss that will be incurred in case the appeal succeeds.

“It’s in the interest of justice to grant stay pending appeal, or an order to maintain the status quo,” Ipaye said, adding that “status quo is what is going on there now.”

Opposing the application, Adegboruwa urged the court to dismiss it because Lagos had failed to  obey the judgment.

“There is no requirement on the part of the applicant to justify the collection of an illegal toll because your Lordship has already made a decision there is no law justifying it,” Adegboruwa said.

The lawyer said the relief sought by Lagos is an equitable one, so a party seeking equity must not be guilty of contempt.

“They have never obeyed the order of this court. If your Lordship grants the application for stay, it will validate the confusion that they have created deliberately,” he said.

Adegboruwa said Lagos did not show any exceptional circumstances to warrant granting the application.

“Exceptional circumstances, even if it exists, has been overruled by their not obeying the law.

“I urge my Lord to dismiss the application,” he said.

Ipaye had also prayed the court to restrain the defendants from taking any action that will give effect to the judgment.

But Adegboruwa said Lagos could  not  ask the  court to restrain itself.