Human and Environmental Development Agenda (HEDA) has urged a Lagos State High Court in Ikeja to nullify the state’s Parking Authority Law for violating the 1999 constitution.
HEDA is contending, in the suit which is yet to be assigned to a judge, that the Lagos State has no constitutional powers to promulgate a law to maintain, control and manage parks, bus-stops and garages in the state.
Joined as respondents in the suit are, the Lagos State Governor, Babajide Sanwo-Olu, the Attorney-General of Lagos and the Speaker, Lagos State House of Assembly.
The civil society organisation is asking the court for 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).
The organisation is also seeking a declaration that the law being inconsistent with the 1999 Constitution of the Federal Republic of Nigeria (as amended) stands repealed.
HEDA is further urging the court for 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 the state as provided for in Section 1(e) of the Fourth Schedule to the 1999 Constitution of the Federal Republic of Nigeria (as amended).
The claimant averred, in an affidavit attached to the suit, that Section 1(e) of the Fourth Schedule to the 1999 Constitution 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 flagrantly ignored the Supreme law (1999 constitution) as amended, and went ahead to enact the law under review.
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