The struggle to get the Nigerian government to function has taken a novel dimension as human rights lawyer, Mr. Femi Falana, is currently engaging the Minister of Works, Power and Housing, Mr. Babatunde Fashola, in court over government’s failure to stop gridlock on Apapa Road in Lagos.
Falana’s prayer includes “A declaration that the refusal or failure of the respondents to remove obstructions, repair and maintain the Oshodi-Apapa Expressway 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, as amended, and Article 4 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP A9) Laws of the Federation of Nigeria, 2004.”
But at the Federal High Court sitting in Lagos, Fashola urged the judge to dismiss the suit.
Fashola challenged Falana’s locus standi to file the suit, arguing that Falana had not shown that he suffered over and above other motorists or the people using the road.
He argued that the failure to repair the road had not restricted or breached Falana’s freedom of movement, saying, “The gridlock is always caused by tanker drivers who normally follow the route to the Nigerian Port Authority (NPA) for the purpose of loading and offloading their goods” and that effort to clear the road and remove the trailers and tankers had not been easy but that effort had been redoubled to achieve this goal.
