LAGOS State Attorney General and Commissioner for Justice, Ade Ipaye, Monday told a Federal High Court in Lagos to dismiss a suit challenging the proposed collection of toll on the new Lekki-Ikoyi suspension bridge.
The suit, filed by an activist lawyer, Ebun-Olu Adegboruwa, against the Lagos State government is challenging the legality of erecting the bridge on a federal navigable waterway and tolling same.
When the case was mentioned, Ipaye informed the court of a preliminary objection contesting the jurisdiction of the court to hear the suit.
He told the court that
the applicant’s suit is incompetent and premature, since there is yet to be a decision as to whether or not to collect toll on the bridge.
His words: “All remedies sought by the applicant are in respect of the tolling since they have not suggested that the bridge be removed. In the first place, the applicant commenced this suit by an originating summons, which ought not to be the appropriate mode of commencing an action of this nature.
“There are uncontroversial facts that the bridge in question has not even been formally handed over to the Lagos State government and so, the applicant’s action is too early in the day. The court does not deal with hypothetical cases of this nature, but with substantial evidence.
“The sole evidence in support of the applicant’s claim is the newspaper publication, which does not testify to the veracity of the facts contained in it”.
He argued that the National Inland Water way Act (NIWA) does not prevent states from building bridges upon its waterway.
According to Ipaye, Section 315 (1) (b) of the Act empowers states to make laws touching on internal waterways. He, therefore, urged the court to dismiss the suit for lacking merit, since there are no allegations that the bridge impedes navigation.
In response, the applicant said the pivotal issue before the court concerns the supremacy of two laws. He argued that NIWA Act was duly enacted by the National Assembly, and vests all federal navigable waterways on the Federal Government.
Adegboruwa objected to the contention by Ipaye that the Lagos State Inland Water Way Laws of 2011 had repealed the NIWA Act.
“It is an anomaly for a state law to repeal a federal law. Section 4(5) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) provides for the superiority of federal laws over state laws and renders void any law which is inconsistent with it”, he said.
He, therefore, urged the court to dismiss the preliminary objection and uphold the case of the applicant.
Justice Saliu Saidu reserved ruling for July 9.
The applicant had filed the suit on November 26, 2012, over alleged proposed collection of N500 toll on the newly constructed Lekki-Ikoyi Bridge.
Adegboruwa stated in his originating summons that reports on the proposed toll collection was published by The Guardian of October 8, 2012.
The applicant is, therefore, seeking an injunction restraining the government from collecting any toll from motorists on the bridge.
Joined as respondents in the suit are the Attorney General of the Federation and the NIWA.
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