The Lagos State Government has appealed the court judgment, which declared collection of toll on the Lekki-Ikoyi bridge as illegal.
A Federal High Court, Lagos on Thursday halted collection of tolls on the newly constructed Lekki-Ikoyi Suspension Bridge, there was no existing law in Lagos State to back it up.
A statement by Mr. Lawal Pedro (SAN), the Solicitor-General/Permanent Secretary, State Ministry of Justice, said: “The state government is challenging the decision arrived at by the court to the effect that the fact of payment by its contractors to National Inland Waterways Authority was an admission by the state that the Federal Government had constitutional or legislative authority to regulate inland waterways throughout the country.
“We want the Court of Appeal to reverse the decision of the court to the effect that there was no law enacted by the Lagos State House of Assembly authorising the state to impose tolls on public infrastructure,” it said.
Justice Saliu Saidu, while delivering judgment in a suit by a Human Rights activist, Mr. Ebun-Olu Adegboruwa, against the Lagos State Government (LASG) over collection of toll on the bridge, said that he considered the case on its merit, rather than delving into technical issues raised in the addresses of counsel.
Adegboruwa filed the suit on Nov. 26, 2012, seeking for a declaration that the LASG had no authority to erect a bridge on the Lagos Lagoon categorised by law as federal navigable waterways.
However, the Lagos State government said the notice of appeal dated March 28, 2014 was filed on the same day at the Court of Appeal, Lagos Division, adding that the State’s Public Private Partnership Law of 2011 empowers it to specify the service charges, user fees or tolls which are payable in respect of designated public infrastructure or public assets.
The government also asked for an order of stay of execution of the judgment.
It further asked the appellate court to restrain the respondents from giving effect to the judgment pending the determination of the appeal.
No date has been fixed for the hearing of the application.