As a result of the ban of commercial motorcycle operators (Okada)
in the three local government areas in Benin metropolis, Edo State, the
operators have sued the State Government to Court .
According to them, the ban gives rise to a violation of
their rights to fair hearing and freedom of movement as guaranteed by the
Constitution of Nigeria as amended and included in Articles 7 and 12 of the
African Charter on Human and Peoples’ Rights Act, Laws of the Federation of
Nigeria 2004.
In the suit filed at the Federal High Court Benin City, Edo capital,
through their Council, Mr Dele Igbinedion, the operators described the ban as
unconstitutional and illegal.
Mr. Charles James, Plaintiff of the council on behalf of
himself and others is contending that the governor does not have powers to
verbally ban Nigerians from using their validly licensed motorcycles, to make
laws and abrogate existing Road Traffic Laws.
In a 24-paragraph affidavit, he averred that Governor Adams
Oshiomhole’s verbal ban impliedly cancels his licences, all duly obtained and
still valid, adding that the duty of the governor, “is to execute laws validly
made by the state House of Assembly,” insisting that the threat to confiscate
and destroy his Okada with valid registration number QC 093 GBZ, was ultra
vires.
The applicant is therefore, praying the court to perpetually
restrain the respondents by themselves, agents, servants or privies from
carrying out the orders of the governor in the affected LGAs
Also, he pleads that the court should set aside Oshiomhole’s
verbal ban on the use of motorcycles from plying all roads in the three
affected councils, which took effect from Sunday, June 16, 2013.
In addition, he is requesting for the sum of N50million as
damages against the respondents as general and or exemplary
damages/compensation for the breach of his fundamental rights.
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