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THE INCORPORATED TRUSTEES OF ALL NIGERIANS AUTOBIKE COMMERCIAL OWNERS AND WORKERS ASSOCIATION (A.N.A.C.O.W.A) MR. YUSUF HARUNA OLADIMEJI MR. MORDECAI SAMUEL MR. AREMU SIMEON MR. EJIOFOR GODWIN V. LAGOS STATE GOVERNMENT LAGOS STATE HOUSE OF ASSEMBLY ATTORNEY-GENERAL OF LAGOS STATE

(2016) JELR 56828 (CA)

Court of Appeal  •  CA/L/182/2013  •  23 Jun 2016  •  Nigeria

Coram
SIDI DAUDA BAGE JCA (Presided) J. SHAGBAOR IKYEGH JCA (Read the Lead Judgment)

Appearances
Mr. C. Atewe - for the Appellants. -*- Mrs. V. O. M. Alonge (with her, Messers. B. Ramoni and -*- O. Odum) - for the Respondents. D

Judgement

IKYEGH JCA (Delivering the Lead Judgment): The appellants brought by an action by an originating summons at the High Court of Justice of Lagos State (the court below), challenging the constitutionality of the Lagos State Road Traffic Law No. 4 of 2012, (the Road Traffic Law of 2012) and, also on the ground that the Law of 2012 violated their fundamental rights to freedom of movement. The Court below dismissed the action; hence the present appeal. In summary, the Governor of the 1st respondent signed into law, the Lagos State Road Traffic Law No. 4 of 2012, which was passed by the 2nd respondent. Section 3 thereof prohibits the use of carts, wheelbarrows, motorcycles and tricycles on some designated roads, bridges and streets in certain Local Government Areas of Lagos State.

The 1st appellant is incorporated to protect the interest of commercial motorcyclists. The appellants’ case is that the prohibited roads are federal trunk or highway roads within the meaning of the Federal Highway…

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