Lekki Tolls Latest: Lawyer Sues Lagos State Governmentt And LCC Over Tolls Collection

An injunction to stop Lagos State Government from collecting tolls on Lekki Expressway, which is to start on December 18, 2011, was yesterday filed at the Court of Appeal sitting in Lagos, by a Lagos lawyer, Ebun Olu Adegoruwa.

Adegoruwa had approached the Appeal Court with a motion on notice filed in request for an order of injunction restraining the state government and Lekki Concession Company Limited, LCC, from collection of tolls, fees, money, tariff or any such levy from the applicant or any other person for the purpose of granting access to and use of any portion or part of Eti-Osa/Lekki-Epe Expressway, pending the hearing and final determination of the appeal of the applicant.

He asked the court not to allow the respondents commence collection of toll, noting that it will jeopardise his main case and further render the outcome of the appeal fruitless if they were not restrained by an order of the court.

According to Adegoruwa, there is need for the Appeal Court to restrain LCC from implementing or further giving effect to any concession agreement between it and Lagos State Government regarding the collection of fee, tolls, levy, tariff or other levy on the expressway, pending the hearing and final determination of the appeal of the applicant.

The plaintiff urged the court to alternatively grant an order directing the parties herein to maintain the status quo pending the hearing and final determination of the appeal of the applicant in the Appeal Court, and pointed out that the suit was predicated on the ground that the conduct of the respondents will overreach the eventual determination of the appeal of the applicant and that his legal and constitutional rights will be jeopardised.

Adegoruwa noted that he had earlier filed two different suits on the same case. Saying “on August 23, 2010 I filed a suit at the Lagos High Court sitting in Igbosere but the suit was subsequently struck out. I also filed an application before the Federal High Court sitting in Lagos, which was not heard on the merit as the said court declined jurisdiction and referred the matter to the Lagos State High Court.”

He told the Appeal Court that he was not satisfied with how his applications was treated by the Lagos State High Court and the Federal High Court, adding “in the affidavit in support of the application, I had filed a suit at the Lagos High Court sitting in Igbosere on August 23, 2010, which could not be concluded for personal reasons and was subsequently struck out. later filed an application before the Federal High Court sitting in Lagos, which was not heard on the merit as the said court declined jurisdiction and referred the matter to the Lagos State High Court.”

In his words: “Being dissatisfied with the said order, I had filed an appeal against this before the appellate court and later filed an application for a stay of execution of the said order but no date was given for hearing on it” adding that it was in the course of awaiting date for hearing of the said application for a stay of execution that the respondents proceeded to announce their plan to commence collection of toll fees.