Park and pay policy of FCT administration was unknown to law

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There was jubilation in Abuja yesterday shortly after a High Court in the FCT declared operations of park and pay services in the city illegal.

Justice Peter Affen of the court, in a judgement that lasted for about three hours, said that the park and pay policy of the FCT administration was unknown to law.

In his judgement, he described the park and pay policy as an excellent policy, but said that it lacked the backing of the law.

The plaintiff, Suntrust Savings and Loans Limited had sued to court the minister of the Federal Capital Territory and two others, to challenge them on the legality of collecting fees from motorists through the park and pay policy.

The plaintiff, amongst other things, asked the court to determine whether the park and pay policy of the FCT was in pursuant of any act of the National Assembly, as provided by the 1999 constitution and whether the defendants could exercise the powers to collect taxes, rates and fees without the act of the National Assembly.

In the suit, the plaintiff asked the court to determine whether the legislative powers to make laws was vested exclusively in the National Assembly, having regard to Section 299 (a) and (b) of the 1999 Constitution as amended.

The plaintiff also wanted the court to determine whether, by the constitutional provisions of Sections 4(6) and (7) 299 (a) (b) and (c) of the 1999 Constitution, the defendants could exercise any power or any act not empowered by the 1999 Constitution of the Federal Republic of Nigeria.

In the suit, the plaintiff asked the court to declare that by virtue of section 4(6) and (7), 299 (A) (B) of the 1999 Constitution, the power to make laws for the FCT is not vested in the National Assembly.

Justice Affen, in determining the suit held that though the first defendant could make laws to collect taxes, fees and rates in the FCT, the 2005 by-law of the FCT had not contemplated the park and pay scheme, but rather made provision for park and ride, which, he said, was not being implemented.

He further held that the FCT Road Transport Regulation made elaborate provisions, ?but I was not fortunate enough to find the park and pay scheme in the 2005 FCT by-law. What it provided for, under sections 118 and 119, is the park and ride scheme.

?For reasons of clarity, I will state out those provisions in extensor. ?Section 118 states that the transport secretary may from time to time designate any operational area or zone as a park and ride area or route for the purposes of traffic management between 6am and 6pm,? Affen stated.

In granting the reliefs sought by the plaintiff, the judge declared the scheme illegal, ultra vires, null and void.

The judge also restrained the first defendant from collecting any taxes, rates and fees from motorists, except such was provided for by a valid subsidiary legislation.

?The defendants by themselves, privies, agents, servants or whatsoever name called, are hereby restrained from operating pay and park scheme, save and except the same is provided for or authorised by a valid by-law,? the judge ruled.

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