Justice Saliu Saidu of the Federal High Court in Ikoyi, Lagos has adjourned till April 14 for hearing, the application by the Lagos State government for a stay of execution on the Ikoyi-Lekki Suspended Bridge.
The judge had on March 27, ruled that toll collection by the Lagos State government on the bridge was illegal as there was no law backing the action.
A human rights lawyer Mr Ebun-Olu Adegboruwa had challenged toll collection on the suspended bridge.
The government had filed an application seeking to stay execution of the verdict.
In adjoining the case, the judge directed the Lagos State Attorney-General Mr. Ade Ipaye to serve the Federal Government with his application seeking to stay execution of a judgment.t
This, he said, is because according to him, there was no proof that two other defendants in the case had been served.
He insisted that said the National Inland Waterways Authority (NIWA) and the Attorney-General of the Federation should be served with the motion papers before the hearing could go on.
Justice Saidu also said all the defendants ought to be present during the hearing.
Ipaye undertook to serve them before the next hearing date.
However, in a counter-affidavit filed in opposition to Lagos’ application, Adegboruwa, noted that the government had refused to comply with the judgment since it was delivered by continuing to collect toll on the bridge.
Immediately after the ruling, the government has elected to take its case to the Court of Appeal to reverse the judgment because “the judge erred”, basing its argument on the Lagos State Public Private Partnership Law No. 2 of 2011 that clearly empowers the government to specify the service charges, user fees or tolls which are payable in respect of designated public infrastructure or public assets.