Babatunde Fashola, minister of power, works and housing, has asked a federal high court in Lagos to dismiss a fundamental rights suit filed against the federal government by Femi Falana, human rights lawyer.
Falana had asked the court to compel the government to fix the Apapa-Oshodi expressway, which leads to the seaport in the nation’s commercial capital.
The poor state of the road has worsened gridlock, resulting to man-hour loss.
In a counter-affidavit deposed by Ayodele Otedola, a litigation clerk of the ministry, Fashola said the failure of the government to fix the road has not breached Falana’s movement.
The minister said the senior advocate of Nigeria (SAN) has not been able to prove that his right had been breached.
He said he has been working to get rid of the tankers from the road.
“[Gridlock on the road] is always caused by tanker drivers who normally follow the route to NPA for the purpose of loading and offloading their goods,” Fashola said.
“Effort to clear the road and remove the trailers and tankers has not been easy but that effort has been redoubled to achieve this goal.”
Falana had argued that the state of the road constitutes a threat to his life and violation of his fundamental right to move freely in Lagos guaranteed by sections 33 and 41 of the constitution.
The lawyer is seeking five reliefs of which compelling the government and removal of tankers from the road are part of.
The court has fixed January 19, 2019, for hearing the substantive suit and the preliminary objection.