Lagos parking agency lacks constitutional power to collect fees: Femi Falana
Human rights lawyer Femi Falana has said Lagos State Parking Authority (LASPA) lacks the constitutional power to collect levies in respect of parking spaces in the state.
On Thursday, Mr Falana made reference to the response by Adebayo Haroun, senior special adviser to the Lagos State Commissioner for Justice.
Mr Haroun had earlier claimed that the state government is legally backed by the law to collect fees on parking space in the state.
Mr Falana asserts that the state government failed to make reference to the relevant portions of the Constitution which empowers it to make laws on private parking.
He stated that the Constitution only permits the local government to deal with subjects regarding tenement rates, noting that the local government has no authority to transmit its power to the state government.
“I believe that once the State passes a legislation assigning the functions of valuation of tenement rates to the Local Government as the Constitution has directed, only the Local Government Council will have the power to deal with that subject,” Mr Falana reckoned. “The State has no power to deal with the matter and the Local Government Council cannot, even if it wants to, divest itself of those powers.”
He added, “In view of the authoritative pronouncement of the Supreme Court on the illegality of usurping the powers conferred on local governments by state governments, it is indisputably clear that the local governments cannot be legitimately divested of the powers conferred on them by Section 7 of the Constitution to fix and collect parking fees in Lagos State. Therefore, the Lagos State Parking Authority lacks the power to fix and collect parking fees in Lagos State in any manner whatsoever and howsoever.”
In a viral post on social media, LASPA sent a memo signed by Adebisi Adelabu, its general manager, to a Lekki-based company informing its owner that they were charged the sum of N290,000 for parking outside their company premises.
The levy sparked public outbursts but the state government insisted it has legal backing by the Constitution to issue.
We have recently deactivated our website's comment provider in favour of other channels of distribution and commentary. We encourage you to join the conversation on our stories via our Facebook, Twitter and other social media pages.
More from Peoples Gazette
States
Independence: NBA urges Nigerians to expect better future
The NBA said that ordinary Nigerians should be deriving benefit from the subsidy removal rather than hardship.
Agriculture
FG tasks ECOWAS on leveraging financing strategies for agroecology
The federal government has urged stakeholders in the agriculture and finance sectors in the West Africa region to leverage financing strategies to enhance agroecology practices
Politics
Katsina youths pledge to deliver over 2 million votes to Atiku
“Katsina State is Atiku’s political base because it is his second home.”
NationWide
NERC approves N30 billion to provide meters for electricity customers
NERC says it has approved N30 billion for electricity distribution companies for the third tranche of the Meter Acquisition Fund.
Abuja
Tinubu’s Re-election: Wike promises to complete building university for Abaji residents
FCT minister Nyesom Wike has pledged to ensure the completion and inauguration of the University of Science and Technology, Abaji, during his tenure as minister.
Anti-Corruption
Court jails fraudster one year over multimillion-naira fraud
Justice Mohammad Maina of the Borno State High Court convicted and sentenced Ijai Jampi to one-year imprisonment for criminal misappropriation.
NationWide
Tinubu launches N52,500 minimum pension guarantee for retirees, PenCare scheme
PenCom says 173,209 low-income retirees will benefit from the Pension Industry Healthcare Plan for Retirees and an N52,500 monthly minimum pension.
Economy
Nationwide Hardship: Tinubu’s reforms benefiting every Nigerian, says information minister
Information minister Mohammed Idris says every Nigerian is benefiting from the reforms introduced by President Bola Tinubu to reposition the country for national prosperity.
Economy
Nigerian broadcasters hail Tinubu’s licence fee suspension
The Society of Nigerian Broadcasters has commended information minister Mohammed Idris for directing the suspension of broadcast licence fee reviews.
