Taxi driver featured in 'Primetime' programme brings legal challenge against NTA

A taxi driver featured in a RTE's "Primetime investigates" programme has brought a legal challenge against the National Transport Authorities decision to suspended his PSV licences.

For several years Oluwaseyi Okerayi operated a business by hiring out both taxi plates and cars to others.

Last May the National Transport Authority suspended" with immediate effect" the 25 public service licenses he held following the broadcast 'Primetime' programme which alleged he rented out cars that were unroadworthy to individuals who did not have licences.

In his High Court proceedings Mr Okerayi, of Fitzherbert Court, Slane Road, Navan, Co Meath denies any wrongdoing alleged in the programme. He says the decision to suspend the licences was "a kneejerk response to a sensationalist and inaccurate TV programme carried out without proper investigation."

He also argues there is no legal basis for the continue the suspension because investigations and tests carried out by both the gardaí and the NTA to date show that nearly all his vehicles are roadworthy and not dangerously defective.

Permission to bring the proceedings, aimed at overturning the suspension, was granted at the High Court by Mr Justice Barry White on an ex-parte (one side only) basis. The Judge made the matter returnable before the High Court to a date next month when the new legal term commences.

Moving the application Micheal Ó Higgins SC, appearing with Keith Spencer BL, said it was their client's claim that his icences were suspended on May 18 last before any of his vehicles were inspected nor were any reasons given to him for the suspension.

The NTA's decision is unfounded, unlawful, unfair, disproportionate, and that his rights have been violated.

Counsel said his client has made numerous requests to the NTA to have his suspension lifted.

Mr Okerayi has complied with all of the NTA's requests but he has been informed that his suspension will not be lifted because he has not complied with the NTA's requests for further documentation.

As a result of the suspension Mr Okerayi is now left without a livelihood and is now in considerable financial arrears.

In an affidavit to the court Mr Okerayi, a married father of two children who moved to Ireland from Nigeria in 2002, said that he was the subject of a 'Primetime' programme broadcast on May 16 last. He said the programme alleged he rented out cars that were unroadworthy to individuals who did not have licences.

He was "shocked when he saw the contents of the programme" as the broadcast "had deliberately misrepresented certain facts and distorted the true version of events."

He said he carries out the legitimate and perfectly lawful business of renting out taxi plates and vehicles and always checked out and took photocopies of driver's documentation before renting out a taxi. He always repaired any defects in the cars once their were brought to his attention.

Shortly after the programme was aired representatives from the NTA seized documents from his home and he was informed that his licences were being suspended pending a further investigation.

He also rejected any suggestion in the RTÉ programme that his cars passed their NCT tests due to impropriety on his part. He said that a number of his cars have been tested by both the gardaí and the NTA.

While some minor defects were detected in a couple of cars only one vehicle was found to be unroadworthy.