Updated: Court bars Lagos from collecting toll on Lekki-Ikoyi bridge

A Federal High Court in Lagos on Thursday held that there was no existing law in Lagos State permitting the collection of toll on the newly constructed Lekki-Ikoyi Suspension Bridge.

Justice Saliu Saidu said this while delivering judgment in a suit by a human rights activist, Ebun-Olu Adegboruwa, against the Lagos State Government over collection of toll on the bridge.

The Attorney-General of the Federation and the National Inland Waterways Authority were joined as first and second respondents respectively in the suit.

Also, the Attorney-General of Lagos State, Adeola Ipaye, and the Lagos State Government were third and fourth respondents respectively.

Saidu said that he considered the case on its merit, rather than delving into technical issues raised in the addresses of counsel.

He said: “The further counter affidavit of the third and fourth respondents and the response of the first and second respondents have answered most of the questions before this court.

“The second respondent, NIWA, is the only Federal Agency empowered to form and regulate Navigable Waterway in the country, in line with the NIWA Act.

“The applicant did not contest this issue, but only goes further to raise the issue of collection of toll from the subject matter.

“The third respondent tried to justify the collection of such toll in paragraph 26 of their counter-affidavit by stating that when the bridge is erected, its proceeds will be applied to the consolidated revenue fund of the Lagos State Government.

“The question now is: has the Lagos State Government made the appropriate law to enable her collect such toll on the bridge?

“The third respondent only cited sections 27, 28, and 29 of the Lagos State Public Private Partnership Law 2011 as making provision for the collection of revenue.

“There is nothing before me to show that the subject matter in this case was as a result of any Public Private Partnership Law to enable the law of 2011 be extended to the instant case.

“The fact before this court is that the bridge was built with the fourth respondent’s money.

“I agree and uphold the construction of the bridge and the power of the Lagos State Government to generate revenue therefrom, but the existing law does not cover it.

“I therefore hold that the fourth respondent can only make a law to that effect before it can collect tolls on the Lekki-Ikoyi Bridge.”

Adegboruwa had filed the suit on November 26, 2012.

He had sought for a declaration that the Lagos State Government had no authority to erect a bridge on the Lagos Lagoon categorised by law as federal navigable waterways.

He had also sought a determination of the court as to whether there existed any law in Nigeria authorising the collection of such tolls, tax or fee from citizens.

Adegboruwa had asked the court to declare that the imposition of such tariff on road users is an illegal form of taxation that is inconsistent with the Constitution of the Federal Republic of Nigeria.

Meanwhile, the Lagos State Government on Thursday said it was going to appeal the judgment.

Ipaye said there was no specific court order barring the state government from collecting tolls on the Lekki-Ikoyi bridge.

Ipaye told newsmen that the state government would immediately appeal the judgment and also seek a stay of its execution.

He said: “From what we heard, no consequential orders were made.

“No declarations were made by the court.

“This is an ambiguity that is being exploited already.

“The court did not make any pronouncement that tolling should be stopped on the bridge.”

The commissioner believed that the judge erred when he ruled that the Nigerian Inland Waterways Authority was the only agency authorised to regulate inland waterways in Nigeria.

Ipaye said: “The second fundamental error was the assumption of the court that the Private Public Partnership Law of Lagos State 2011, which we cited in support of toll collection, did not apply, simply because the bridge construction was not by PPP.”

According to him, contrary to the court’s assumption, Section 29 of the law clearly states that it applies to public infrastructure or public assets.

Ipaye argued that tolls could be collected on any public infrastructure irrespective of whether it was constructed using PPP or not.

He said the collection of toll was to enable the state to offset debts incurred on the construction and to maintain the bridge.

He said: “The judgment read this morning did not specifically address many questions raised by the applicant, neither did it grant any of the declarations sought.

“However, the pronouncements referred to above are capable of being interpreted as court orders, hence our decision to appeal and seek a stay of execution immediately.”

He advised road users to continue to pay the toll pending the determination of the appeal at the Court of Appeal, Lagos.

Our earlier story: A Federal High Court sitting in Lagos has barred the Lagos State Government from further collection of tolls on the Lekki-Ikoyi Bridge.

Justice Saliu Saidu gave the judgment on Thursday.

Saidu declared that since the bridge was built with public funds, it was wrong to impose tolls on the people.

A lawyer, Barrister Ebun-Olu Adegboruwa, filed the suit.