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Published On: Tue, Apr 15th, 2014

Lekki-Ikoyi toll gate: Court fixes April 25 to decide stay of judgment

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From Matthew Irinoye, Lagos

A Federal High Court sitting in Ikoyi, Lagos presided over by Justice Saliu Sa’idu, yesterday fixed April 25, to decide whether or not to grant a stay of its judgment, over the collection of toll gate on the Lekki-Ikoyi Bridge.

The judge made the decision after hearing arguments on an application for stay of execution of judgment, instituted by the Lagos State Attorney-General (AG) and Justice Commissioner, Mr. Ade Ipaye.

While adopting his motion before the court, Ipaye asked the judge to stay execution of its judgment, pending the determination of an appeal before the Lagos division of the Court of Appeal.

The AG also prayed the court for an injunction restraining the third and fourth respondents, from giving effect to the judgment, in order to abide by the appellate court’s decision.

He also told the court that the applicant had filed and conducted the suit in his personal capacity, positing that a stay of execution would not be injurious to him. Ipaye also informed the court that after the court’s judgment on March 27, Lagos-based lawyer and rights crusader, Ebun-Olu Adegboruwa had immediately proceeded to the bridge and had sought to use it without paying toll, adding that there was no express order of court preventing toll.

The commissioner posited that the human rights lawyer had also filed a cross appeal before the appellate court, stressing that with such step, it was now important for status quo to be maintained, until all issues are resolved by the apex court.

It would be recalled that Adegboruwa, had filed a suit on November 26, 2012, against the state government where it challenged its collection of toll on the bridge.

The human rights lawyer, in the suit has as first and second respondents the Attorney-General of the Federation (AGF) and the National Inland Waterways Authority (NIWA). He also listed Ipaye and the LASG as third and fourth respondents respectively.

Justice Sa’idu had sometime in March 27, 2013 ruled in the suit where he held that the imposition of such toll was unlawful, since there was no law in existence, authorising its collection.

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