A press statement by the Solicitor General of Lagos State, Mr Lawal Pedro, made available to Channels Television on Tuesday, says the notice of appeal dated Friday, March 28, 2014 and filed on the same date, is challenging the decision of the Federal High Court to the effect that 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.
“More importantly, the State Government wants the Court of Appeal to reverse the decision of the Federal High Court, 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,” the statement read.
The State government is insisting that the Lagos State Public Private Partnership Law No. 2 of 2011 clearly empowers 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 has also filed an application seeking an order to stay the execution of the judgment of the Federal High Court. The stay of execution of judgment application seeks to restrain the Respondents from giving effect to the judgment pending the determination of the appeal.
The Solicitor General of Lagos State said the processes had been served on all the parties to the suit and the Appeal Section of the Federal High Court has fixed Thursday, April 3, 2014 for settlement of the record of proceedings.
No date has been fixed for the hearing of the application for the stay of execution.