Justice (Professor) Chuka Obiozor, of a Federal High Court, Lagos, on Tuesday, declined jurisdiction in a suit filed against the Incorporated Trustees of Lagos State Taxi Drivers and Cabs Operators Association (LASTDCOA) by some commercial taxi drivers in Lagos state.
Justice Obiozor, stated this while delivering ruling in a suit filed by Arogundade Adekunle, Kolawole Afolabi and Taofeek Oladokun, on behalf of themselves and other taxi commercial drivers.
Other respondents include: Lagos State Chief Vehicle Inspection Officer, Attorney-General of Lagos State, Commissioner of Police Lagos State, and Corporate Affairs Commission (C.A.C.)
The commercial taxi drivers through their lawyer, Marcus Eyarhono, had approached the court seeking a declaration that the name of the first defendant, Incorporated Trustees of Lagos State Taxi Drivers and Cabs Operators Association, is a private body and is not an arm or an agent of the Lagos State government, or any of its Ministry, Agencies and Department, and that its membership, resolution, decision/and or activities cannot bind them.
The applicants also sought a declaration of the court that having satisfied the official requirements for operating as commercial taxi drivers in Lagos State, they are entitled to carry on their business in the state without any hindrance, interference, molestation, disturbance, harassment or arrest by officers of the second to fourth defendants or any others person or group of persons.
They also asked the court to declare as unlawful, their incessant invitation, arrest, detention and/or prosecution by the officers of Commissioner of Police on the account of false and frivolous complaints of the first defendant.
But the defendants in their statement of defence filed before the court through the lawyer, Oluwafunmilayo Jimoh, urged the court to dismiss the claimants’ suit for being vexatious, frivolous and abuse of court process.
The defendants precisely urged the court to dismiss the claimants’ suit for being vexatious, frivolous and abuse of court process.
The defendants, in their statement of defence, while denied all averments of the claimants.
The defendants stated that the plaintiffs wrote petitions to the Lagos State House of Assembly alleging that the second to fourth defendants are at the behest of first defendant are preventing them from operating taxi cab business in Lagos State and that upon this receipt of the Lagos State House of Assembly invited all stakeholders to resolve the issues.
The defendants stated that on the day of the meeting, it was resolved that the claimants should either identity itself with any of the state government recognized taxi operators or apply to the Ministry of Transportation franchise as an entity and that the Ministry of Transportation should ensure that the process required operate taxi legally is made less cumbersome for the claimants, because its members are long serving elderly people who have no other means of survival.
The defendants stated the the claimants not satisfied with House resolution, and still persistent in the pursuit of their unjust vendetta against the first defendant, with the intention of ‘tackling it until it surrenders’, instituted the suit against all them.
The defendants also said the claimants are still distributing provoking leaflets against them.
Ruling on the suit, Justice (Professor) Obiozor said before dealing with the auxiliary matter in the suit, said its important and necessary to deal with the substance of the matter which is jurisdiction.
Consequently, the Justice Obiozor said: “the subject matter falls within the jurisdiction Lagos state High Court. I therefore decline jurisdiction on this matter. Though, this court did not have jurisdiction to entertain claimants’ suit, and the defendants have asked the court to dismiss same.
Having declared that the Federal High court lack jurisdiction to entertain the matter, the judge therefore said transfer the matter to Lagos State Chief Judge, for adjudication.
“However, according to the laws of the federation of Nigeria, 2004, I will not strike out this suit, but I hereby ordered under the arm of this court transfer the suit to the Honorable Chief Judge of Lagos state”.