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.
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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.
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