The Human Environmental Development Agenda (HEDA) Resource Centre has dragged the Lagos state Governor, Babajide Sanwo-Olu, state Attorney General and Commissioner for Justice, Moyosore Onigbanjo and speaker of the Assembly,, Mudashiru Obasa to court over the State Parking Authority Law.
According to HEDA, the functions of managing Car Parks are not under the purview of the state government.
In a suit, ID/5927GCM/2022, the Claimant (The incorporated Trustees of HEDA Resource Center) prays the court to repeal the law Lagos State Parking Authority Law, Law of Lagos State Ch. L50, Volume 6, which is inconsistent with the 1999 Constitution of the Federal Republic of Nigeria (as amended).
“Following the controversy over the validity of Lagos State Parking Authority Law as against the 1999 constitution of Federal Republic of Nigeria (as amended), the Human & Environmental Development Agenda (HEDA Resource Centre) has dragged the Lagos State Governor, Babajide Sanwo-Olu, the Attorney -General of Lagos and the Speaker, Lagos State House of Assembly to the High court of Lagos Holden in Ikeja Judicial Division,” it stated.
HEDA through its Counsel, David Ogungbesan Esq, asked to court to ascertain, “Whether by virtue of Section 1(e) of the Fourth Schedule to the 1999 Constitution of the Federal Republic of Nigeria (as amended), the 2nd Defendant validly enacted the Lagos State Parking Authority Law, Law of Lagos State Ch. L50, Volume 6 as a law for Lagos State.
The suit also seeks to know whether the Lagos State Government can validly take control of all bus-stops, parks and garages in the State through the Lagos State Parking Authority considering Section 1(e) of the Fourth Schedule to the 1999 Constitution of the Federal Republic of Nigeria (as amended).
The suit added that, in view of Section 1(3) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the Lagos State Parking Authority Law, Law of Lagos State Ch. L50, Volume 6 should be declared void as being inconsistent with Section 1(e) of the Fourth Schedule to the 1999 Constitution of the Federal of Nigeria (as amended).
“Section 1(e) of the Fourth Schedule to the 1999 Constitution of the Federal Republic of Nigeria (as amended) provides that one of the main functions of a Local Government Council in Nigeria is the establishment, maintenance and regulation of motor parks,” ” the Claimant said.
“That the Lagos State Parking Authority Law is inconsistent with the provision of the 1999 Constitution of the Federal Republic of Nigeria (as amended). That by Section 1(3) of the 1999 Constitution of the Federal Republic of Nigeria, the Lagos State Parking Authority Law is null and void,”
“In its Originating Summons brought pursuant to Order 5 Rule 4 & 5 of the High Court of Lagos State (CIVIL Procedure) Rules 2019 and under the Inherent Jurisdiction of the Honourable Court, HEDA maintained that the Defendants: Lagos State Governor, Attorney General of Lagos State (Ministry of Justice) and the Speaker of the State House of Assembly, flagrantly ignored the Supreme law (1999 constitution) as amended, and went ahead to enact the law under review.
The plaintiff asked the court to declare that by virtue of Section 1(3) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the Lagos State Parking Authority Law, Law of Lagos State Ch. L50, Volume 6 is void being inconsistent with Section 1(e) of the Fourth Schedule to the 1999 Constitution of the Federal Republic of Nigeria (as amended).
It urged the court to declare that the Lagos State Parking Authority Law, Law of Lagos State Ch. L50, Volume 6 being inconsistent with the 1999 Constitution of the Federal Republic of Nigeria (as amended) stands repealed.
HEDA noted that each Local Government Area in Lagos State shall maintain, control and manage all parks, bus-stops and garages that falls within their respective areas in Lagos State as provided for in Section 1(e) of the Fourth Schedule to the 1999 Constitution of the Federal Republic of Nigeria (as amended).