Also joined in the suit as respondents are the Attorney General of the Federation and the National Inland Waterways Authority (NIWA).
The case, which was slated for hearing on Tuesday before Justice Saliu Saidu, could, however, not proceed due to the absence of some respondents.
Counsel to the applicant, Mrs Oreka Adegboruwa, informed the court that although all respondents in the suit had been served processes, they had failed to appear in court.
Justice Saidu, however, ordered that hearing notices be served again on the LASG, and NIWA, in the interest of Justice.
He thereafter adjourned the matter to Feb. 5 for mention.
Adegboruwa had sued the Lagos State Government on Nov. 26, 2012, over the proposed collection of toll on the newly constructed Lekki-Ikoyi suspended bridge.
In the suit No. FHC/L/CS/1405/2012, the applicant is seeking an injunction restraining the government from collecting any toll from motorists on the bridge.
In his originating summons, the activist claimed that report on the proposed toll collection was published in the Guardian Newspaper of October, 8, 2012.
Adegboruwa argued that the toll of N500 per vehicle is uncalled for, in view of the hardship, hunger and unemployment in Nigeria.
He averred that the bridge was built on a federal navigable waterway belonging to the Federal Government.
Adegboruwa also wants the court to determine whether the LASG has the power to erect any structure such as a bridge on the Lagos Lagoon and the Lekki Lagoon which, he said, were categorised by law as federal navigable waterways.
He also wants the court to determine whether the state government is competent to impose any toll or tax on such a bridge.
He argued that collection of such a toll or tax from Nigerians contravened their fundamental right to free movement.
According to him, the imposition of such a levy on road users will prevent them from using the bridge and constitute discrimination and violation of their rights.
The applicant seeks a declaration that the imposition of a toll, fee or tariff on road users is illegal and inconsistent with Nigeria’s Constitution.
Only the Attorney General of the Federation, represented by Mr Frank Okolie, was present in court.
