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.
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).
HEDA through its Counsel, David Ogungbesan Esq, seeks interpretation on the following questions:
i. 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.
ii. 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).
iii. Whether 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).
According to the Claimant, 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.
“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.
Upon the Court’s resolution of the above questions, the Claimant seeks the following reliefs:
i. A Declaration 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).
ii. A Declaration 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.
iii. A Declaration 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).
iv. And such further Order(s) as this Honourable Court may deem fit to make in the circumstances.
Counsel to HEDA said it was waiting for the case to be assigned to a court for adjudication.
