Written by SaharaReporters, New York Wednesday, 23 June 2010 08:04
Mr Femi Falana, human rights lawyer and the National Chairman of the National Conscience Party (NCP), has dragged the Road Safely Commission and the Minister of Works to the Federal High Court in Lagos over the deplorable condition of various federal highways in Nigeria, particularly the highway between Lagos and Ibadan as well as the 300 kilometers Lagos-Benin expressway. In suit No FHC/IK/M34/2010, Falana stated that he is “entitled to his fundamental right to life; and to the human right of physical development guaranteed by Article 16 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap 10) Laws of the Federation of Nigeria, 2004, and that the 1st Respondent is under a legal obligation to repair and maintain the Lagos – Ibadan Expressway but has neglected to repair it for no just cause. The 2nd Respondent is under a legal duty to clear or remove all obstructions from the Lagos – Ibadan and the Lagos- Benin Expressways but has neglected to do so.”
“The refusal of the 2nd Respondent to remove obstructions of the Lagos – Ibadan and Lagos – Benin highways has caused several accidents which claimed the lives of many persons. The 1st and 2nd Respondents have allowed the Nigeria Police Force and Nigeria Customs Service to convert the Lagos –Ibadan and Lagos – Benin highways to toll collection centres where money is extorted from motorists,” Falana added.
According to Falana, “I know as a fact that the Lagos –Benin and Lagos-Ibadan expressways were constructed over 30 years ago by the Federal Government of Nigeria. At the time the two roads were commissioned they were few vehicles plying them. Up to year 2002 the funds realized from the toll gates from motorists were voted for repairs and maintenance of the roads. In spite of the sharp increase in the number of vehicles plying both highways the Respondents have failed to expand and repair the roads.”
Falana also said that “The Olusegun Obasanjo Administration ordered the demolition of the toll gates in 2002 on the ground that the money realized from fuel hike was sufficient to repair and maintain the roads. As the funds realized from the incessant fuel hikes were diverted elsewhere by the Federal Government the roads have since become death traps where hundreds of motorists are killed in accidents. From time to time many vehicles which are abandoned on both roads pose risk to the lives of road users. On several occasions I have had to take many victims of accidents on both roads to hospitals in Lagos and in Ogun States.”
“At the beginning and end of every month the Lagos – Ibadan express road is blocked by cars and lorries belonging to religious bodies and their members. At Ogere, on Lagos-Ibadan expressway the way and manner trucks and heavy duty vehicles are permanently parked pose a risk to the lives of road users. Both roads have become so unsafe that motorists are now robbed at night and in broad day light. There were times when I had to turn back to Lagos when both roads were blocked by either armed robbers or Police Personnel extorting motorists without any challenge. As a result of the status of Lagos as the commercial centre of Nigeria the Lagos-Ibadan and Lagos- Benin expressways are daily plied by thousands of people traveling from Lagos to all parts of Nigeria. In spite of the traffic congestion on the Lagos- Ibadan and Lagos –Benin expressways the respondents have not expanded them.
The Applicant is asking for the following reliefs:
A. A DECLARATION that the refusal or failure of the Respondents to remove obstructions, repair and maintain the Lagos - Ibadan and Lagos – Benin highways is illegal and unconstitutional as it constitutes a threat to the fundamental right to life of the Applicant guaranteed by Section 33 of the Constitution of the Federal Republic of Nigeria, 1999 and Article 5 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act (Cap A9) Laws of the Federation of Nigeria, 2004.
B. A DECLARATION that the failure or refusal of the 2nd Respondent to make the Lagos Ibadan and Lagos-Benin expressways safe for motorists is illegal and unconstitutional as it violates the Applicant’s fundamental right to freedom of movement guaranteed by Section 38 of the Constitution of the Federal Republic of Nigeria, 1999 and Articles 12 of the African Charter on Human Peoples’ Rights.
C. AN ORDER directing the Respondents to remove all obstructions, repair and maintain the Lagos-Ibadan and Lagos-Benin expressways forthwith.
See lawsuits below:
IN THE FEDERAL HIGH COURT OF NIGERIA
HOLDEN AT IKEJA
SUIT NO:FHC/IK/M34/2010
IN THE MATTER OF AN APPLICATION BY FEMI FALANA FOR AN ORDER FOR THE ENFORCEMENT HIS FUNDAMENTAL RIGHT TO LIFE AND FREEDOM OF MOVEMENT
BETWEEN:
FEMI FALANA )..APPLICANT
AND
1. FEDERAL ROAD SAFETY COMMISSION )
2. MINISTER OF WORKS )RESPONDENTS
STATEMENT
1. NAME AND DESCRIPTION OF APPLICANT
The Applicant, Femi Falana is a lawyer and the National Chairman of the National Conscience Party (NCP).
2. RELIEFS SOUGHT BY THE APPLICANT.
A. A DECLARATION that the refusal or failure of the Respondents to remove obstructions, repair and maintain the Lagos - Ibadan and Lagos – Benin highways is illegal and unconstitutional as it constitutes a threat to the fundamental right to life of the Applicant guaranteed by Section 33 of the Constitution of the Federal Republic of Nigeria, 1999 and Article 5 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act (Cap A9) Laws of the Federation of Nigeria, 2004.
B. A DECLARATION that the failure or refusal of the 2nd Respondent to make the Lagos Ibadan and Lagos-Benin expressways safe for motorists is illegal and unconstitutional as it violates the Applicant’s fundamental right to freedom of movement guaranteed by Section 38 of the Constitution of the Federal Republic of Nigeria, 1999 and Articles 12 of the African Charter on Human Peoples’ Rights.
C. AN ORDER directing the Respondents to remove all obstructions, repair and maintain the Lagos-Ibadan and Lagos-Benin expressways forthwith.
3. GROUNDS UPON WHICH RELIEFS ARE SOUGHT
The Applicant is entitled to his fundamental right to life guaranteed by Section 33 of the Constitution of the Federal Republic of Nigeria and Article 4 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap 10) Laws of the Federation of Nigeria, 2004.
The Applicant is entitled to the human right of physical development guaranteed by Article 16 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap 10) Laws of the Federation of Nigeria, 2004.
The 1st Respondent is under a legal obligation to repair and maintain the Lagos – Ibadan Expressway but has neglected to repair it for no just cause.
The 2nd Respondent is under a legal duty to clear or remove all obstructions from the Lagos – Ibadan and the Lagos- Benin Expressways but has neglected to do so.
The refusal of the 2nd Respondent to remove obstructions of the Lagos – Ibadan and Lagos – Benin highways has caused several accidents which claimed the lives of many persons.
The 1st and 2nd Respondents have allowed the Nigeria Police Force and Nigeria Customs Service to convert the Lagos –Ibadan and Lagos – Benin highways to toll collection centres where money is extorted from motorists.
Dated this……….day of June, 2010
……………………………………………………
ADEDOTUN ISOLA-OSOBU
FALANA & FALANA’S CHAMBERS
APPLICANT’S SOLICITORS
25, ADEKUNLE FAJUYI WAY,
G.R.A IKEJA, LAGOS
FOR SERVICE ON:
THE 1ST RESPONDENT
FEDERAL ROAD SAFETY COMMISSION,
OJODU, LAGOS STATE
THE 2ND RESPONDENT
MINISTER OF WORKS
FEDERAL MINISTRY OF WORKS
FEDERAL SECRETARIAT,
ALAUSA IKEJA.
IN THE FEDERAL HIGH COURT OF NIGERIA
HOLDEN AT IKEJA
SUIT NO:FHC/IK/M34/2010
IN THE MATTER OF AN APPLICATION BY FEMI FALANA FOR AN ORDER FOR THE ENFORCEMENT HIS FUNDAMENTAL RIGHT TO LIFE AND FREEDOM OF MOVEMENT
BETWEEN:
FEMI FALANA )..APPLICANT
AND
1. FEDERAL ROAD SAFETY COMMISSION )
2. MINISTER OF WORKS )RESPONDENTS
AFFIDAVIT IN SUPPORT OF MOTION ON NOTICE
I, MR FEMI FALANA, Male, Nigerian and Legal Practitioner of No 25, Adekunle Fajuyi Way, GRA Ikeja, Lagos State do hereby make oath and state as follows:
1. I am the Principal Partner in FALANA & FALANA Chambers, Solicitors to the applicant herein and as such I am familiar with the facts of this case.
2. I know as a fact that the Lagos –Benin and Lagos-Ibadan expressways were constructed over 30 years ago by the Federal Government of Nigeria.
3. At the time the two roads were commissioned they were few vehicles plying them.
4. Up to year 2002 the funds realized from the toll gates from motorists were voted for repairs and maintenance of the roads.
5. In spite of the sharp increase in the number of vehicles plying both highways the Respondents have failed to expand and repair the roads.
6. The Olusegun Obasanjo Administration ordered the demolition of the toll gates in 2002 on the ground that the money realized from fuel hike was sufficient to repair and maintain the roads.
7. As the funds realized from the incessant fuel hikes were diverted elsewhere by the Federal Government the roads have since become death traps where hundreds of motorists are killed in accidents.
8. From time to time many vehicles which are abandoned on both roads pose risk to the lives of road users.
9. On several occasions I have had to take many victims of accidents on both roads to hospitals in Lagos and in Ogun States.
10. At the beginning and end of every month the Lagos – Ibadan express road is blocked by cars and lorries belonging to religious bodies and their members.
11. At Ogere, on Lagos-Ibadan expressway the way and manner trucks and heavy duty vehicles are permanently parked pose a risk to the lives of road users.
12. Both roads have become so unsafe that motorists are now robbed at night and in broad day light.
13. There were times when I had to turn back to Lagos when both roads were blocked by either armed robbers or Police Personnel extorting motorists without any challenge.
14. As a result of the status of Lagos as the commercial centre of Nigeria the Lagos-Ibadan and Lagos- Benin expressways are daily plied by thousands of people traveling from Lagos to all parts of Nigeria.
16. In spite of the traffic congestion on the Lagos- Ibadan and Lagos –Benin expressways the respondents have not expanded them.
17. The refusal of the respondents to develop the railways and waterways has increased pressure on the roads.
18. That the Respondents will not be prejudiced by the grant of this application.
19. That I make this oath in good faith.
…………………
DEPONENT
SWORN TO AT the Federal
High Court Registry, Alausa Ikeja
This…………day of June, 2010
BEFORE ME
COMMISSIONER FOR OATHS
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