Why Okada-Riders Dragged Gov. Oshiomhole To Court

Nigerian Operators of Commercial motorcycles,popularly known as 'Okada
riders', have dragged Governor Adams Oshiomhole of Edo State to a
Federal High Court in Benin, challenging the ban of the operation in
Egor, Oredo and Ikpoba-Okha, the three local government areas in Benin
metropolis.
The applicants are praying the Court togrant them a perpetual
injunction restraining the Respondents by themselves, agents, servants
or privieswhosoever, from carrying out the orders of the governor in
the affected local government areas.
They also want the court to set aside Oshiomhole's verbal ban on the
use of motorcycles from plying all roads in the three affected local
government areas which took effect from Sunday, 16 June, 2013 and an
award of N50 million against the Respondents as general and or
exemplary damages/compensation for the breachof their fundamental
rights.
The Plaintiff, Charles Apiloko James, on behalf of himself and others,
while describing the ban as unconstitutional and illegal, contends
that the governordoes not have powers to verbally ban Nigerians from
using their validly licensed motorcycles; neither can he make laws nor
abrogate existing road traffic laws.
Counsel to the Plaintiff, Dele Igbinedion, said the ban constituted a
violation of the rights of his clients to fair hearing and freedom of
movementa as guaranteed by the Constitution of the Federal Republic of
Nigeria, as amended and Articles 7 and 12 of the African Charter on
Human and Peoples' Rights Act, Laws of the Federation of Nigeria 2004.
In the 24-paragraph affidavit in supportof the suit, the plaintiff
averred that Governor Adams Oshiomhole's verbal ban impliedly cancels
his licenses, all duly obtained and still valid, adding that the duty
of the governor "is to execute laws validly made by the StateHouse of
Assembly," adding that the threat to confiscate and destroy his
motorcycle with valid registration number QC 093 GBZ, was ultra vires.
The suit has been fixed for 8 July, 2013 for mentioning.
The Edo State Government had bannedthe use of Okada in the affected
areas after a state Security Council meeting, saying that it was
evident that the state had become a safe haven for all manners of bike
riders, who have beeninvolved in kidnapping and other forms of violent
crimes including robbery.