Lagos parking levy: Constitutional or not? Govt replies Falana

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According to the Lagos State Government, the Lagos State Parking Authority has legal authority to collect parking levy on behalf of the state.

Babajide Sanwo-Olu
Babajide Sanwo-Olu

In a letter released to newsmen, LASPA claimed that it had charged the company N290,000 for the parking lot outside the commercial building.

Femi Falana, a senior Nigerian advocate, had called the policy unconstitutional on Sunday and urged the state administration to immediately end it.

The Local Government and Local Council Development Areas have delegated their rights to the state to collect fees, according to Adebayo Haroun, Senior Special Assistant to the state Attorney-General and Commissioner for Justice, who made the observation on Tuesday.

Lagos State Government Responds

"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 It should be withdrawn without any delay,” Falana stated.

The statement reads in part, "The Lagos State Parking Authority Law, 2018 empowers the LG and LCDAs in Lagos State to assign their powers in respect of collection of fees relating to parking to the state government. Accordingly, by a mutual agreement, the LGAs and LCDAs in Lagos State have assigned their powers to the state government to collect fees on parking in Lagos State.

“In a similar circumstance where the Court of Appeal was called upon to interpret Section 7 and Fourth Schedule of the Constitution of the Federal Republic of Nigeria 1999 (as amended) with regards to the Land Use Charge Law of Lagos State, the Court of Appeal in Ola Animashaun Harimot Oluwabukola v. Attorney General of Lagos State and 5 Ors in Appeal No CA/L/1046 delivered on November 19, 2018 held as follows:

“The intendment of Section 1(3) of the Land Use Charge Law of Lagos State is clearly not to take away the function constitutionally donated to the local government but to give powers to the local government to permit a contractual relationship between it and the state on the issue of collection of taxes which is clearly within the responsibility of the local government without breaching any law or constitutional provision.

“The constitution recognises that any person that has power can exercise such power through other persons or institutions. For example, the Attorney-General can exercise its powers through other persons.

“It is therefore constitutional for the state government and, by extension, the Lagos State Parking Authority to demand and collect fees in respect of parking in Lagos State.”

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