Human rights lawyer, Femi Falana (SAN) has lambasted the Lagos State Government over the implementation of the setback parking levy in the state describing the move as illegal.
Following the enactment of the setback parking levy by the Lagos State Government, Human rights lawyer Femi Falana (SAN), has criticised the administration for such rule describing it as unlawful.
On Sunday, Falana referred to the practice as unlawful and demanded that the state government immediately discontinue it.
In a letter to the food and snack company which was obtained by Africa Daily News, New York, the Lagos State Parking Authority declared that it had taxed the company N290,000 for the car park outside the vicinity of the company.
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The food companies, according to directives from the letter issued, were requested to pay N80,000 yearly for the parking lots, also a non-refundable administrative processing fee of N50,000 was requested.
The Peoples Democratic Party, among others, criticized the action, calling it a scheme utilize residents’ funds to ‘finance the individual ambition of one man who had held the state and its people by the jugular.’
The agency’s general manager, Adebisi Adelabu, called the accusation ‘reckless and mischievous’ and pointed out that the agency was created in 2019 by an act of the state assembly and the Lagos State Transport Reform Law to regulate parking operations and modify the state’s parking culture by enacting policies that adhered to international parking standards.
Falana, however, claimed that the Lagos State Parking Authority was unlawful because, under the contemporary democratic system, the state government lacked the constitutional authority to create a body for the management of parks.
‘By virtue of Section 7 of the Constitution of the Federal Republic of Nigeria 1999 as amended, it is the exclusive constitutional responsibility of local governments to establish and maintain motor parks in any of the states of the federation. Furthermore, it is the sole responsibility of local government authorities to construct and maintain parks, gardens, open spaces or public facilities as may be prescribed by the House of Assembly,’ he added.
The human rights advocate claims that the House of Assembly unlawfully established the Lagos State Parking Authority to oversee parks and gardens in the state rather than dictating how local governments should manage parks and gardens.
Since the Lagos State Parking Authority was an unauthorised formation, he claimed, its without the constitutional authority to set and charge parking fees from citizens in “any manner whatsoever and howsoever.’
He continued by saying that the Lagos State House of Assembly should have been aware of the constitutional irregularity.
Falana Futhwr stated, ‘In particular, the House should be requested to set the engine in motion for the immediate repeal of the Lagos State Parking Law which was illegally enacted to consolidate ‘all that relating to parking and its connected purposes with powers and functions and which states that the Authority shall, among others, be responsible for all forms of managed parking in the State’’
‘’The policy of the Babajide Sanwoolu administration to move Lagos State towards a 21st-century economy must comply with the provisions of Section 7 of the Constitution and the Fourth Schedule thereof.’
‘In Aitel Nigeria Limited v Attorney-General of Lagos State & Three Others (2019) 1 NCLR 1, the Lagos State High Court ruled that the bye-law which authorises the Eti Osa Local Government Area to collect parking levy from the claimant was in order. Dissatisfied with the judgment, the claimant appealed to the Court of Appeal.’
‘In dismissing the appeal and upholding the decision of the lower court, the Court of Appeal held that it was unable to agree with the appellant that the third respondent does not have power to make law that relates private parking since there was nothing in the bye-law that is inconsistent with Section 7 and Paragraph 1 of the Fourth Schedule to the constitution.’
‘The Lagos State Government and all other authorities, as well as other persons, are bound by the valid and subsisting judgment of the Court of Appeal on the exclusive power of local governments to regulate and collect parking levy in Lagos State. To that extent, the purported parking levy fixed by the Lagos State Parking Authority cannot be justified under Section 7 of the Constitution. It should be withdrawn without any delay.’
Falana frowned at the parking levy rule since he perceives it as unlawful; he further urged the state government to suspend such an act as its centered on looting from the residents of the State.
