We cannot continue to live like those in a banana republic where the rules of law are not respected or abide to.

Nigeria is guided by laws, which the Edo State Government and other relevant government agencies must know and obeyed.

In recent times, the civil society space have been inundated with series of complaints and petitions from members of the public on the harassment, intimidation, forceful collection of levies and violations of citizens’ rights by Edo State Government, the Nigeria Police Force, the Local government Councils and their agents such as ANNEWATT a private union and other unauthorized bodies all in the name of enforcing the Governor’s order which never existed and thereby arresting and extorting citizens without the money been accounted for

For the purpose of clarity and retrospection, precisely on the 11th of June, 2013 when the former governor of Edo state, Comrade Adams Oshiomhole made an executive fiat on the ban and use of motorcycles from plying all the roads in Oredo, Ikpoba-okha, and Egor local government areas of Benin city and Oluku, Ekosodin villages in Ovia North East Local Government area and Eyaen village (Coca-Cola cola area) in Uhumwonde local government area effective 12 noon 11th of June, 2013 without first passing through legislative processes of making laws.

After the verbal pronouncement of the ban, a lot of motorcycle riders were arrested and prosecuted without fair hearing given to them, thereby violating their fundamental rights, this now made the motorcycle riders, the civil society organisations and other concerned citizens to challenge the order in a court of competent jurisdiction, a legal battle that was Headed by Barr. Dele Uche Igbinedion, after series of court hearing the applicants lost the case and the defendants got judgement in their favour, the applicants were dissatisfied with the judgement which made them approached the appellate court, where they got judgement in their favour in suit No. CA/B/341/2014 and a cost was awarded to them on 25th May, 2021.

Below is the reproduction of the appeal court judgement delivered by Hon Justice Biobele Abraham Georgewill as the lead president

Appeal No. CA/B/341/2014

In its stead, judgement is hereby entered partly In favour of the 1st appellant as 1st applicant against the 1st respondent only in suit No. FHC/B/CS/89/2013 Mr Charles Apiloko James James & Anor V. The Governor of Edo state & ors, and it is hereby declared and ordered as follows, namely

A. It is declared that the 1st respondents action on Tuesday 11/6/2013 of verbally announcing a ban on the use of motor cycles from plying all the roads in Oredo, Ikpoba okha, and Egor local government area of Benin city and Oluku and Ekosodin villages in Ovia North East local government area and Eyaen village (coca cola area) in Uhumwonde local government area effective from 12pm on Sunday 16/6/2013 was ultra vires the powers of the said 1st respondent and therefore, unconstitutional, null and void and of no effect whatsoever.

B. Is hereby refused and dismissed.

C. Is hereby refused and dismissed

D. An order of this Court be and is hereby issued setting the verbal order of the 1st respondent made on 11/6/2013 banning the use of motor cycles from plying all the roads in oredo, ikpoba okha and egor local government areas of Benin City and Oluku and Ekosodin villages in Ovia North East local government area and Eyaen village (coca cola area) in Uhumwonde local effective from 12pm on Sunday 16/11/2013 for being unconstitutional, null and void and of no effect whatsoever

E. Is hereby refused and dismissed but in its stead the sum of N1,000 is hereby awarded as nominal charges in favour of the 1st appellant only as against the 1st respondents only

F. Is hereby refuse and dismissed

G. However, that part of the judgement of the Court below dismissing relief B, C and F as claimed by 1st and 2nd appellant as applicants against the 1st – 6th respondents as respondent’s in suit No FHC/B/CS/89/2013: Mr Charles Apiloko James & anor V. The governor of Edo state & ors is hereby affirmed

H. There shall be N300,000 in favour of the 1st Appellant only against the 1st Respondent only

Signed:
Sir Biobele Abraham Georgewill
Justice court of Appeal
Date: 25/5/2021

And ever since this judgement was delivered Edo state Government, the local government, the Nigeria Police Force and other sister agencies keep harassing members of the public found driving motorcycles in Benin city.

We cannot continue to live in a state where a court judgment can not be obeyed or adhered to.

The Africa charter and the 1999 constitution chapter 4 talks about FUNDAMENTAL RIGHTS of citizens clearly gives citizens rights to have property, movable and immovable properties of choice.

We also have met with the above institutions for peaceful dialogue to advice them on the need to obey the laws, which they all agreed to follow but most time they end up doing worst.

We are using this medium to inform all government agencies to obey the appeal court Judgement to avoid anarchy in the land, failure to do so will leave us with no other option than to shut down any office who tried to undermine the laws of the land and be resisted by Edo Civil Society Organisations (EDOCSO)

Our laws must be abide to and be respected at all time.

Leftist Aliyu Umweni
Inteim Public Relations Officer
Edo Civil Society Organisations
(EDOCSO)

MASSES HOUSE: 6B, Obakhavbaye Street Opposite Spirit And Life Bible Church Off Oba Market Road,
Benin City,
Edo State,
Nigeria.

WEBSITE: www.edocso.org

FACEBOOK: Edo Civil Society Organisations

TWITTER: @alutaedocso

EMAIL: Info@edocso.org

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