…… SAYS LAGOS STATE ROAD TRAFFIC LAW IS
NOT UNCONSTITUTIONAL.
The Court of Appeal has affirmed the judgment of
the High Court of Lagos State which had earlier held
that the Section 3 of the Lagos State Road Traffic
Law 2012 was not unconstitutional.
The Appellants (The Incorporated Trustees of All
Nigerians Autobike Commercial Owners and
Workers Association (ANACOWA) and other persons
via an Originating Summons had approached the
High Court of Lagos State to contest Section of the
Lagos State Road Traffic Law 2012 as violation of
their right to freedom of movement and sought an
order of the Court to declare the said Section
unconstitutional.
Justice Opesanwo on 13th December 2012 had
ruled that the Road Traffic Law regulates other
forms of vehicles and as such the right of the
claimants to their constitutional right to freedom
from discrimination has not been violated.
The court held that the Law did not violate the right
of the claimants to move freely across the State as
the “the objective of the Road Traffic Law is not the
movement of person but the mode, means or tools
of movement.”
The Court therefore dismissed the suit filed by
Okada riders challenging the Lagos state traffic law
which banned their operations on the federal
highways in the State.
Dissatisfied with that judgment, ANACOWA, through
their counsel, Mr Bamidele Aturu filed an appeal
contesting the judgment at the Lagos Division of the
Court of Appeal.
However, the Court of Appeal held that Section 3 of
the Lagos State Road Traffic Law 2012 was not
ultra vires the powers of the Lagos State House of
Assembly to enact laws for the State. The Court
further stated that the law was enacted with the
overriding intention to protect the interest of the
public, provide environmental sanity and is
reasonably justifiable for a society like Lagos State.
The Lagos State Road Traffic Law which came into
effect on August 2, 2012 restricts the operations of
commercial motorcycle on some roads in Lagos
State.
The Law also prohibits other activities considered
inimical to road traffic including hawking, drunk
driving and sale of alcoholic drinks within 100
meters of bus stops and motor parks within the
State, amongst others
The court thereby affirmed the judgment of the
lower court.
