Regrets, as Lagos legislators recant over Lekki bridge

A NEW, curious twist was last week added to the raging Lekki-Ikoyi Link bridge controversy in Lagos, when the state House of Assembly suddenly backpedalled, and gave the Governor Babatunde Fashola-led executive the nod to collect tolls on the infrastructure.

      The state government claims it had spent a whooping sum of N29 billion on the 1.358-kilometre suspension bridge, built by Julius Berger.

     Initially, the lawmakers, like most Lagosians, had questioned the rationale behind tolling the bridge that was funded with taxpayers’ money.  Heated debates had also ensued in May 2013, when the concession document was first submitted to the House for ratification, a few days before its commissioning and tolling (May 29, 2013). The concession plan, at that time, appeared dead on arrival due to the lawmakers’ arguments against it, with the general public understandably delighted by their resolve.  

     Notwithstanding a Federal High Court ruling that also declared tolling on the bridge illegal last March, the House, last Monday recanted and approved it, saying the passage of the resolution would serve as a legal backing for “appropriate maintenance” of the bridge.

      House Leader, Ajibayo Adeyeye, during plenary, read the House of Assembly Motion No. 35, which concerns the concession agreement for the Electronic Tolling System (ETS) of the Lekki-Ikoyi Toll Bridge.

      Adeyeye said: “In pursuant to Section 33 of the Lagos State Public Partnership Law (2011), this House hereby resolves to approve the request for the ratification of the Electronic Tolling System Operations and Maintenance; Concession Terms and Condition as forwarded by the Attorney-General and Commissioner for Justice, Lagos State.”

     Legal mind of the House, Sanai Agunbiade, representing Ikorodu I Constituency, supported the motion. He explained that the bridge, which was “financed and built by the Lagos State government,” had been with the House for a long time, adding that they (members) had deliberated on it “on and off plenary” and as such, “deserves speedy passage.”

       Reacting to the development, a Lagos businessman, Hakeem Adetona described it as shocking, although, not entirely unexpected. Adetona pays N600 to ply the bridge to and from his office at Ikota Shopping Complex every day. He said: “When the House initially kicked against tolling on the new bridge, people were excited, hoping they will stop it or reduce the toll. But when tolling started immediately after the commissioning and the Lawmakers said nothing, I knew there was more to the matter than meets the eye.

      “I thought the court’s declaration would have further strengthened the earlier resolve of the lawmakers. But seeing this new twist is quite shocking. They must have reduced the matter to party (All Progressives Congress) thing. I wonder how they would still claim to be doing anything to protect the masses.”

     Olisa Edem said the move was another confirmation that the House was doing the biding of the executive. His words: “For me, I’ve never expected anything positive to come out of it. It is an indictment on the (state) government to have started collecting toll without Assembly’s approval (in the first place) and (still) continue, despite court’s ruling against it. 

    “What else could be more brazen? That is where I had expected the self-acclaimed foremost House of Assembly in the country to call the Executive to order. For me, this is a government that talks about the law only when it suits its interest. Indeed, the infrastructure (bridge) is good and commendable, but it should not be so expensive and made only for the rich.”

    While seeking the speedy ratification of the concession proposal penultimate Monday, Deputy Speaker of the House, Taiwo Kolawole noted that there had been a backlog of infrastructural decay in Lagos and the bridge, he argued, “is one of the ways to solve the problem.”

      Kolawole observed that there were two main benefits associated with the Lekki-Ikoyi Link Bridge. Apart from being the shortest route to Obalende, he declared, “it is also being used for exercises, going by the level of patronage on the bridge.”

  He added: “You need to visit the bridge in the morning and see the high patronage. More so, people are willing to pay the toll. I think we should just give the government the go ahead, get the money and use it to solve other problems.”

      Ironically, the same Kolawole had been most vocal against the tolling plan barely a year ago. As the longest serving lawmaker with 15 years of experience in the House, Kolawole had said the request of the government, as contained in the proposal, was not in line with the 2011 Public-Private Partnership law.

    He had said: “As far I’m concerned, this has nothing to do with the PPP law. This is not about provision of infrastructure because the bridge has already been constructed, using the taxpayers’ money. So, why should we still toll a road that we have built with our money?”

     Another lawmaker that called for the concession agreement’s express approval is Rotimi Olowo, representing Somolu I Constituency. Like Kolawole, Olowo had also initially faulted both the rationale for tolling and the N400 toll, which he described as “exorbitant.” 

       But last Monday, Olowo, too, justified the tolling regime. His justification: “This is what transpires all around the world for the maintenance of public infrastructure and the same applies to our Lekki-Ikoyi Link bridge. The money that accrues from the bridge will be used to develop other infrastructure. It is not building the bridge that matters, but its maintenance.”

     Olowo also reasoned that the toll collection was not different from the access fee being paid by users of the Murtala Muhammed Airport Road, which he claimed “has been instrumental in the maintenance of the road.” He likened the bridge to Robin Wood, an outlaw in the English folklore, who robs the rich to pay the poor.

      Olowo said: “That corridor of Lekki-Ikoyi Link bridge would be used as a source of wealth re-distribution. People around that corridor are not poor people. If we can take some money off them, and use it for the masses, and better the interest of the electorate, then government is on the right track.”

     But human rights lawyer, Bamidele Aturu disagrees. According to him, it is not only “self defeatist,” but also an attempt to further impoverish poor people in Lagos. His said: “It was wrong of the Lagos Assembly to give such approval for toll collection on a bridge built with taxpayers money. It is an unnecessary punishment on the people of the state. It is the poor that are always on the receiving end of it.

  “Don’t the rich have stewards, cooks, drivers and other workers that go to Lekki-Epe side to work? If they say it is only the rich that ply the bridge, are they saying it is meant for the rich alone? It is a bad argument. In any case, there is a case in court. 

  “The Assembly should have allowed the appeal process to exhaust itself. I think this is wrong. It further worsens the state of poverty, penury and economic crisis of the people living in the state.” 

     The toll rates, as approved in the concession agreement are N250 for cars; N300 for mini vans, Sport Utility Vehicles (SUVs) and light pick-up trucks; N400 for non-commercial buses with a maximum sitting capacity of 26 persons and N100 for motorcycles with 200cc engine capacity and above.

      The Lagos Tolling Company, in partnership with two technical partners from overseas, would manage the concession. Besides, 73 per cent of the revenue generated on the bridge would go to the state government, while the tolling company takes 27 per cent. 

   Also, 80 per cent of revenue from incidental activities like adverts goes to the state government, while 20 per cent goes to the operating company. The concession agreement is for 10 years in the first instance, with a renewable period of five years.

Between public interest and politics

      It was gathered that the concession might have been approved not because of supposedly compelling arguments by the state officials, but as a strategy to win future elections. All the All Progressive Congress (APC) members of the House are believed to be nursing re-election bids. Their Speaker, Adeyemi Ikuforiji, is already eyeing Fashola’s seat come 2015.

     Executive Director, Socio-Economic Rights and Accountability Project (SERAP), Adetokunbo Mumuni, among others that have been following the issue with keen interest, insisted that the bridge is a public utility for the people and not a moneymaking venture.

  However, Mumuni is not surprised by the turn of events. He said: “That is the nature of Nigerian politicians. You never can trust them. You’d recall Ebun Adegoruwa was able to get toll collection nullified in the court because there was no such approval from the House of Assembly authorizing tolling on that bridge. Because they (Lagos executive and legislators) saw this, they must have lobbied among themselves. It is all in their interest. That is the nature of politicians.

    “We cannot point to any politician with the interest of the people at heart, including those that mouth themselves as progressives. That bridge is an attempt to pacify the rich and their argument on toll collection is not sound at all. Road or bridge construction is a service and not a source of revenue generation,” he said.

     However, Funmilayo Tejuoso, representing Mushin I Constituency, said the state Assembly deserves commendation, “for always being thorough in its investigations.”

     She said: “At the last count, it was given a second allotted day. It means we have gone through it in line with the Lagos State PPP law 2011. It is obvious that the Lagos government is going through the proper procedure.

  “We are in agreement with this particular motion; to encourage the proper cooperation and maintenance of the bridge and ensure that the money Lagos State government had put into this bridge is not wasted.”  

Source: Guardian Newspaper