Human rights lawyer, Femi Falana SAN, has lambasted the Lagos State Government over the implementation of the setback parking levy in the state.

Falana on Sunday described the policy as illegal and urged the state government to withdraw it without delay.

The Lagos State Parking Authority had in a letter addressed to the food and snack company stated that it had charged the firm the sum of N290,000 for the parking lot outside the business premises.

According to the letter, the food company was directed to pay N80,000 per annum each for the three parking lots, as well as a non-refundable administrative processing fee of N50,000.

But the move attracted a backlash from different individuals and groups, including the Peoples Democratic Party, which described it as a plot to milk residents to “finance the individual ambition of one man who had held the state and its people by the jugular”.

In a statement, the General Manager of the agency, Adebisi Adelabu, described the allegation as reckless and mischievous, adding that the agency was established under the Lagos State Transport Reform Law 2019, and an Act of the State Assembly in 2019, to manage parking activities and change the parking culture of the state by implementing policies that were in line with international parking standards.

But Falana said the Lagos State Parking Authority was illegal as the state government lacked the constitutional competence to set up a body for the management of parks under the current democratic dispensation.

“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.

According to the human rights lawyer, instead of prescribing how the parks and gardens were to be managed by the local governments, the House of Assembly illegally set up the Lagos State Parking Authority to manage parks and gardens in the state.

He said since the Lagos State Parking Authority was an illegal creation, it lacked the constitutional powers to fix and collect parking levy from residents in the state in “any manner whatsoever and howsoever”.

He added that the attention of the Lagos State House of Assembly ought to have been drawn to the constitutional anomaly.

Falana added, “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.”

source: https://punchng.com/lagos-parking-levy-illegal-should-be-withdrawn-falana/

I said it but some people said it happens in foreign countries, they forgot this is Nigeria.

Well said

Lagos is a Banana Republic State under the control of one family. Soon they will bill residents for sleeping in their houses.

It is time to send them packing. Obidients need to rally with PDP to rescue Lagos. PDP should open strategic discussion with Obi to rescue Lagos.

You want Tilumbu to sack the governor just like ambode abi?

Falana should just go and sit down abeg

The money that will be use to fund Tinubu campaign.

Tinubu is a very greedy politician. Sure, all Nigeria politicians are corrupt, but Tinubu own is extreme, he owns half of Lagos, and he is aiming to move to Abuja.

God will never a greedy man like Tinubu to become Nigeria president

Oya Agbadorians start insulting Falana,
tell him to go back to his state if he doesn't like it.

So is he planning to sue the LASG on behalf of Local Govt when the LGs have not complained or what?

He has not quoted where the funds go to and who the beneficiaries of the funds are. Are the funds shared by Lagos Parks and Gardens and the LG where the funds are collected to ensure uniformity and prevent touting and the arbitrary mode of revenue collections LG use to tow cars away and slam outrageous fines?

It seems like he is keeping some information away and if his only argument is not the validity of the fees , how does transferring it to LG take such bill away from the park users? Of what benefit is going to court to argue against LASG and still pay the fees to Lagos LGA? smh.


Looks more academic than actual relief benefit. If you pursue this his argument, the LGs will just claim to outsource the fee collection to Lagos State Parks and Gardens as revenue collection consultant. .Lobatan.
check my signature for free stuffs!

Lagos state sha wan milk lagosians dry. Which one be parking levy again,after all the numerous taxes lasg is collecting from d citizens with little to show for in return.
Only few states can tax its citizens like Lagos is doing without people going on rampage.

I hope they re not tryna source for tinubu's campaign fund,cos it seems Tinubu is on his own in this election tussle. Those northern governors who used to follow Him during the primary are gradually deserting him. E.g ganduje,el rufai and malam Buni. And buhari's body language is not showing much enthusiasm and commitment. Na Tinubu go fight this battle by him self as he dey go so.

FreeStuffsNG:
So is he planning to sue the LASG on behalf of Local Govt when the LGs have not complained or what?

He has not quoted where the funds go to and who the beneficiaries of the funds are. Are the funds shared by Lagos Parks and Gardens and the LG where the funds are collected to ensure uniformity and prevent touting and the arbitrary mode of revenue collections LG use to tow cars away and slam outrageous fines?

It seems like he is keeping some information away and if his only argument is not the validity of the fees , how does teansferring it to LG take such bill away from the park users? Of what benefit is going to court to argue against LASG and still pay the fees to Lagos LGA? smh.


Looks more academic than actual relief benefit. If you pursue this his argument, the LGs will just claim to outsource the fee collection to Lagos State Parks and Gardens as revenue collection consultant. .Lobatan.

Parking ain't free anywhere in the world, you pay to park unless you're within your own premises.

Tinubu's penchant for cornering public funds/goods to the benefit of himself and his family is what is being questioned here. Dude's greed is legendary, straight out of the Guinness books.

It's well.
Our leaders are scammers

Me I don't have a problem with the levy. The only place I have a problem with it is if it's same agberos that collect owomida on the road that would be collecting the levy. That's where me I will have a problem with it.

The demented emilokan drug criminal started all these to siphon Lagos money into his pockets. Tinubu.

Okoroawusa:
Falana should just go and sit down abeg

MPAMA!

This the same way Tinubu wants to rule this nation.

Nigeria no be Lagos.

That's what u get when u vote Tinubu...
Overtaxing citizens

These politicians want to finish Lagosians with taxes, yet they still borrow money to fix Lagos Infrastructure and still install tollgates on roads and bridges. Lagos nawa

So illegal and many people don't see it.

Kikikiki... APC should kwantinu...by 2023 even those defending them would've been Obidient.

They will collect the $25k Tinubu gave each of them the the primaries from Lagosians. These people are evil.

Many people won’t read what Falana wrote. But it’s just semantics. All Lagos State e has to do to fall in line with the constitution is to commission the body through local governments and whatever Falana said up there falls.

The unfortunate part in all of these is not taxation itself, it is the culture of endemic corruption and embezzlement inherent in our clime.

valentineuwakwe:

According to the human rights lawyer, instead of prescribing how the parks and gardens were to be managed by the local governments, the House of Assembly illegally set up the Lagos State Parking Authority to manage parks and gardens in the state.

The Federal government are trying hard to make the state government almost useless by controlling things at the state level while the State government is trying hard to control things that are supposed to be controlled by the local government.

Our leaders clearly do not understand the arms of government and their functions.

In essence, the tax is not bad but the person collecting the tax.

Who knows which of the agbado chief's children is in charge of this one

Tinubu developed lagos into his pocket

This is a bad law, judging by the fact that Nigeria is still a developing nation and the fact that the government has practically done little or nothing for her citizens.

Every time i keep complaining, that no true learned man that truly wants change will think of ever supporting APC to come back into power, come 2023.

Can anyone on this forum come out and state just one thing that he or she has benefitted from Lagos state government, be it financial support or loan, healthcare, free education, cheap and affordable housing

God help us!

Very very wrong timing...

- Inflation at 19%..
- Unemployment at all time low..
- Rent at its peak..
- Patronage at its lowest for businesses..

And all the Tinubu/Sanwo olu Govt could help with is implement parking fee for same dying businesses.. , its inhuman.... this only increases cost of running or starting a business while youth unemployment is at 64%..

Everyone just wants to stay relevant in the loop of current news that's why we have so many back-and-forth submissions...Lagos State has made its stand on the new regulation known, it is left to people to contest it in court if they are aggrieved in any way...

But with my little personal experience, the governments of those countries that everyone wants to Japa to will penalise you for parking outside your business premises without a proper bay on-loading and off-loading permit...

He is milking Lagos, now he wants to milk Nigeria when he becomes President.

Evil people. Very soon they will start taxing you if you impregnate your wife or girlfriend.