The Lagos State Government has made its case for its legal right to collect tolls on the Lekki-Ikoyi Link Bridge, stressing that tolling on the link bridge is lawful.
The state Attorney-General and Commissioner for Justice, Mr Moyosore Onigbanjo, (SAN) said this in a statement on Tuesday.
Onigbanjo faulted what he described as the erroneous statements circulated in the media that the Lagos State Government has no pending appeal against the judgment of the Federal High Court in Suit No FHC/L/CS/1405/02 between Ebun-Olu Adegboruwa versus the Attorney General of the Federation and Ors.
He said, “In the light of this misrepresentation, it is necessary to state that on the 27th day of March, 2014 the Federal High Court delivered judgment in Suit No FHC/L/CS/1405/02. Thereafter on the 28th of March, 2014 the Lagos State Government (sued as third and fourth Respondents) filed a Notice of Appeal against the judgment of the Federal High Court and an application for stay of execution and injunction pending appeal.
“On 11th of November, 2014 the Lagos State Government filed an application for extension of time within which to compile and transmit the Records of Appeal, at the Court of Appeal. However, on the 9th of October, 2017 owing to a lack of representation on the part of the Lagos State Government, the application for an extension of time to transmit the Records of Appeal, filed on the 11th of November, 2014 was struck out.
“What was struck out was the application (that came up before the Court of Appeal on 09/10/17) and not the appeal. There is a distinction between striking out an application and striking out an appeal. As of date, there is no order striking out Lagos State Government’s appeal against the judgment of the Federal High Court delivered on 27th of March, 2014 in Suit No FHC/L/CS/1405/02.”
Onigbanjo added that the Lagos State Government filed a notice of appeal against the judgement of March 28, 2014, for its lack of precision.
“The position of the law is that once a Notice of Appeal is filed along with an application for stay of execution/injunction pending appeal, the judgement being appealed against cannot be enforced until the application for stay of execution/injunction pending appeal has been determined.
“Notwithstanding the above position of the law. The Lagos State Government affirms that it will continue to engage with all stakeholders and concerned members of the public in the Lekki axis and will abide by commitments and concessions made at the various stakeholders’ meetings,” he said.