Lagos - The Lagos State Government has formally appealed against the judgment delivered by a Federal High Court to outlaw the collection of tolls by the state.
In the notice of appeal, the state government is challenging the decision to the effect that the fact of payment by its contractors to National Inland Waterways Authority (NIWA) was an admission by the State that the Federal Government had constitutional or legislative authority to regulate inland waterways throughout the country.
The State Government wants the Court of Appeal to reverse the decision to the effect that there was no law enacted by the Lagos State House of Assembly authorising the state to impose tolls on public infrastructure in the state.
According to the State Government, the Lagos State Public Private Partnership Law No. 2 of 2011 empowered the Government to specify the service charges, user fees or tolls which are payable in respect of designated public infrastructure or public assets.
In addition to the Notice of Appeal, the State Government is appealing for an order to stay the execution of the judgment delivered in the suit and to restrain the respondents from giving effect to the judgment delivered pending the determination of the appeal filed against the said judgment.
The processes have been served on all the parties to the suit.
The Appeal Section of the Federal High Court has set Thursday as the date for settlement of record of proceedings.
No date has been fixed for the hearing of the application for stay of execution.
– CAJ News
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