Appeal Court Faults Edo Govt Over Ban On Commercial Motorcycle

The Benin division of the Court of Appeal on Wednesday upturned
the ban on commercial motorcycle operators, popularly known as
Okada, by the Edo State government.

It would be recalled that on June 11, 2013, the then Governor
Adams Aliu Oshionmhole, issued a verbal order banning the use of
motorcycles in Oredo, Egor, Ikpoba Okha Local Government Areas and
Oluku and Ekosodin areas of Ovia North East Local Government Areas
and Eyaen area of Uhunmwonde Local Government Area.

He also ordered law enforcement agencies to arrest and
confiscate and also prosecute any rider of a motorcycle in the
affected areas.

The affected riders approached a Federal High Court and lost,
with the lower court affirming the ban. The Okada riders later
appealed the judgement.

The Appeal Court in its judgment on Wednesday overturned the Edo
State Governor’s 2013 ban on the use of motorcycles in the
specified areas.

Delivering Judgement in the appeal No. CA/B/341/2014 between Mr
Charles Apiloko James and another vs Edo State Government and 5
others, the court upheld the arguments of Counsel for the
appellants, Dele Igbinedion, that the governor of Edo State lacked
the legal powers to ban the use of motorcycles in any part of the
state by mere verbal pronouncement.

The appellant court, in upholding the appeal, granted the
reliefs of the appellants in part, and said “It is hereby declared
that the governor’s verbal ban of the use of motorcycles was
unconstitutional, illegal, null, void and of no effect
whatsoever.”

“An order is issued forthwith setting aside the Governor’s
verbal ban on the use of Motorcycles,” the court further said and
awarded‎ the sum of N301, 000 as compensation and costs in favour
of the appellants against the governor of Edo State.

The lead Judgement was delivered by His Lordship, Georgewill
Biobele Brown JCA, while other Justices concurred.

The Benin division of the Court of Appeal on Wednesday upturned
the ban on commercial motorcycle operators, popularly known as
Okada, by the Edo State government.

It would be recalled that on June 11, 2013, the then Governor
Adams Aliu Oshionmhole, issued a verbal order banning the use of
motorcycles in Oredo, Egor, Ikpoba Okha Local Government Areas and
Oluku and Ekosodin areas of Ovia North East Local Government Areas
and Eyaen area of Uhunmwonde Local Government Area.

He also ordered law enforcement agencies to arrest and
confiscate and also prosecute any rider of a motorcycle in the
affected areas.

The affected riders approached a Federal High Court and lost,
with the lower court affirming the ban. The Okada riders later
appealed the judgement.

The Appeal Court in its judgment on Wednesday overturned the Edo
State Governor’s 2013 ban on the use of motorcycles in the
specified areas.

Delivering Judgement in the appeal No. CA/B/341/2014 between Mr
Charles Apiloko James and another vs Edo State Government and 5
others, the court upheld the arguments of Counsel for the
appellants, Dele Igbinedion, that the governor of Edo State lacked
the legal powers to ban the use of motorcycles in any part of the
state by mere verbal pronouncement.

The appellant court, in upholding the appeal, granted the
reliefs of the appellants in part, and said “It is hereby declared
that the governor’s verbal ban of the use of motorcycles was
unconstitutional, illegal, null, void and of no effect
whatsoever.”

“An order is issued forthwith setting aside the Governor’s
verbal ban on the use of Motorcycles,” the court further said and
awarded‎ the sum of N301, 000 as compensation and costs in favour
of the appellants against the governor of Edo State.

The lead Judgement was delivered by His Lordship, Georgewill
Biobele Brown JCA, while other Justices concurred.