A Senior Advocate of Nigeria, Dr. Kemi Pinheiro (SAN) has faulted the positions of Mr. Femi Falana (SAN) and Mr. Jiti Ogunye on the legitimacy of the recent action of the Lagos State Parking Authority and the constitutionality of its enabling law.
Pinheiro insists that the state’s ‘Setback Parking Levy’ is legal.
Remember that Lagos State recently served a Notice dated August 15, 2022, on Nellies Nigeria located at 95, plot 6, Omorinre Johnson Street, Lekki Phase 1, Lagos State, by the Lagos State Parking Authority (LASPA), billing it N290,000 and the N50,000 processing fee, for three parking slots created on a setback to its business premise.
The said notice found its way through media circulation and has not only been in the eye of the storm but has also brought to the fore the question of the competent governmental authority that is empowered to impose levies on parking lots, parking on setbacks, and other ancillary matters thereto. An excerpt culled from the issued notice reads thus:
“…The Lagos State Parking Authority, established under the law to consolidate all that relating to parking and its connected purposes with powers and functions, clearly states that the Authority shall, among others, be responsible for managed parking in the state…
“In line with the administration’s policy in moving Lagos State towards a 21st-century economy to align with the first pillar of THEMES’ Agenda of which transportation is key, your organization is hereby served this demand notice for the setback parking (off-street) in front of your premises before the commencement of enforcement action…”
Meanwhile, the Lagos State Government attempted to justify the power of the Lagos State Parking Authority to collect a parking levy in respect of parking spaces in Lagos State.
The office of the Honourable Attorney-General and Commissioner for Justice, Lagos State maintains that the Lagos State Parking Authority Law “empowers the local governments and local council development areas in Lagos State to assign their power in respect of collection of fees to the state government”.
