Lekki-Ikoyi Link Bridge: Court Grants Lagos’ Application For Stay Of ExecutionFeatured, Latest News, News Friday, April 25th, 2014
Ayo Balogun, Lagos
The Federal High Court sitting in Lagos on Friday grants Lagos State’s request for a stay of execution of its earlier judgment delivered in respect of the Lekki-Ikoyi Link Bridge.
It would be recalled that the Federal High Court had on March 27, 2014 delivered a judgment in the case instituted by a legal practitioner, Mr. Ebun-Olu Adegboruwa to challenge the legality of construction and tolling of the Lekki-Ikoyi Link Bridge.
The court had ruled in favour of Adegoruwa and ordered the Lagos State Government to halt toll collection on the bridge.
Both the Lagos State Government and Mr. Adegboruwa had expressed their dissatisfaction with the judgment on the ground that the judgment did not specifically address many of the questions raised by the Applicant, neither did it grant any of the declarations sought. No specific or direct order was made.
Consequently, both parties filed their Notice of Appeal and Notice of Cross-Appeal against the judgment respectively.
Hon. Justice Saliu Saidu in his ruling, in respect of the application filed on behalf of the State by the Lagos State Attorney General and Commissioner for Justice, Mr. Ade Ipaye, held that the application was meritorious.
The Court further held that Lagos State Government has shown that exceptional circumstances existed that warranted granting a stay of its judgment pending the determination of the appeal filed against the judgment by the Lagos State Government.
The Court overruled the argument of Mr. Adegboruwa that the application should not be granted because the State was in contempt of court for not stopping the tolling on the bridge.
According to the Judge, a party who is appealing against a judgment of court could not be said to be in contempt of the Court. The Court held that to the extent that Lagos State has a competent appeal before the Appellate Court, the State Government’s continued tolling was not contemptuous of court.
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