Though Lagos State Government has said the parking permit is to better manage intra-city traffic, ADEYINKA ADERIBIGBE writes on its validity as it conflicts with the constitution on the functions of local governments.
There has been some back and forth, since August 15, this year, when the Lagos State Government “shocked” residents in some parts of the state with demand notices for Parking Fees from a relatively new agency – Lagos State Parking Authority (LASPA).
LASPA is a creation of the Lagos State Transportation Reform Law 2018 (LTRL), an amendment, which seeks to consolidate transport sector laws which have been in place since 2012.
The law, which seeks to regulate parking and thereby reduce its impact on traffic flow within the state necessitated the establishment of LASPA to coordinate everything relating to managing parking by residents (corporate or private).
For an administration that made transportation management and traffic control its cardinal focus, through the THEMES Agenda, tapping into the opportunities inherent in coordinating parking and fixing and collecting permits is too enticing to be ignored.
The main issue is the knee-jerk introduction of what some residents have come to term “outrageous” fees “introduced without tact” by the agency.
Not only were many residents unaware of LASPA’s existence, the manner it started its operation, distributing demand notices in highbrow parts of the state, left a sour taste, from which the government has been trying to wiggle.
In the demand notice served on Nellis, a Lekki Phase I based firm, on August 15, this year, LASPA demanded N240,000, for off-street setback permit for three car spaces at N80,000 per car monthly, and a non-refundable feed of N50,000 referred to as administrative/processing fees. The letter claimed the processing fee is applied based on location (i.e. not fixed, but could go up/down). Nellis, by the notice, must pay the N290,000 for the year, within seven days.
The Notice caused quite a huge storm in the social media, with many Lagosians taking the government up on the need for such a draconian initiative at a time like this.
While Moshood Aluko, with Twitter handle @MoshoodAluko supported the government, saying there’s nothing wrong if government decides to charge a parking fee as that is the standard global practice, especially, if the parking slots is outside the fence and on a business district, another resident simply identified as @TheLotanna wondered why it is the property owner and not the motorist who parked that must be taxed. “I have never heard anywhere in the world where you tax someone because there is parking space in front of their property. If the government must make money from parking, shouldn’t it be the motorist that pays for parking?” Lotanna ended his brief with the punch, “What even is Lagos State Parking Authority? God Abeg o.”
Anyanwu Tony wondered why the government would want to take the fee upfront even if it is admissibly right, when it could mount parking metres on such allotted parking spaces and make users pay per park, as is done in developed nations of the United Kingdom, United States and elsewhere in Europe.
Many condemned the “high fees” demanded by the agency and what happens when it eventually becomes globally applicable in all parts of the metropolitan space.
It was no brainer that the Nellis incident was an avoidable gaffe. More confounding to residents is that such a step is being contemplated during a “very sensitive electoral cycle” where all eyes would be on the government and everyone would take a potshot at virtually everything, including even its non-verbal cues.
Doja Anselem was one of such residents, who on her Facebook Timeline, said: “Do you blame the government, they must look for money at all cost, election is around the corner.”
Or Moses Uwalaka, who said: “Campaigns must be funded. The governor has not only his election, but that of his principal to fund next year.”
LASPA has been groping at straws for a landing, with its series of explanations. First, it explained its existence and condemned Nellis, for the backlash since the notice went viral.
LASPA which denied it was a revenue making outfit initially stated that the demand notice would be in phases with the first being corporate bodies such as events centres, parking lot firms, and religious centres – churches and mosques, with which it claimed it has started negotiating.
But the Commissioner for Transportation Dr Frederic Oladeinde last Wednesday said LASPA’s main mandate is to rid the state of gridlocks arising from irregular parking by unscrupulous motorists.
According to him, the policy was to ensure that people stopped indiscriminate parking on setbacks, while those using the setbacks for commercial purposes, thereby constricting the road and putting the facility under stress as well as inflicting pains on other users must be brought under some forms of control.
According to him, LASPA was created to find a lasting solution to the issues of illegal parking that had limited the opportunities for motorists to commute freely.
At a briefing, attended by his Information and Strategy colleague Gbenga Omotoso, as well as LASPA’s General Manager, Adebisi Adelabu, Oladeinde accused “political jobbers” for the exaggerated but futile spin of the LASPA tale, and enjoined Lagosians to cooperate with the agency and other similar stakeholders in carrying out its mandate.
It’s about revenue
“LASPA has the mandate to charge fees on private commercial parks, non-commercial parks and other parking lots or any facility provided by the Authority,” Oladeinde said.
For him, most private commercial parks charge the Lagosians between N500 and N1,000 parking levy per hour and each person parking at these parks can have four stopovers, which sums up to N2,000 or N4,000 daily.
“At the end of the year, the commercial park owner will realise over N182,500 or N365,000, if charges are per hour or gain a total N730,000 or N1,460,000 for four stopovers. This is the price most Lagosians pay to commercial park owners.
Comparatively, according to Oladeinde, “LASPA pegs its levy at N80,000 divided by the number of days in a year, it ends up at about N219 only, against the above charges of commercial park owners. The difference is clear as the government is quite considerate and responsive in making the environment conducive for all.”
Oladeinde, however, assured that being one that puts the constitution in high esteem, “the government will not resort to unconstitutional means in dealing with the people.”
Though the Commissioner sees nothing wrong in the government making some money, the LASPA chief, Adelabu, said the agency’s mandate was bigger than making money, but ensuring that the state becomes livable for all, irrespective of status.
“We have being engaging owners of event centres, Christian Association of Nigeria (CAN) and Muslim association on the need to have parking space for their members and not park on the road, disturbing other road users in the state. We believe that if you want to build a mega church, you provide mega parking space.
“It is not solely about making money, we are solving problems. We are not trying to take away commercial parks, but if you are getting into the business, the state needs to regulate. It is important to have you on our database.
“If you are making space for parking outside your title, you will need a permit. As long as you are using government setbacks, you will need a permit,” she said.
Who regulates
For human rights activist Femi Falana (SAN), the government need not be going back and forth. For him, LASPA is illegal and attempts to fix, regulate and collect parking permits is null and void, to the extent of its conflict with the 1999 Nigeria Constitution as amended.
He urged the government to be guided by the constitution, which vested the power to collect parking permits solely on local governments.
Falana and the state’s Attorney-General Moyosore Onigbanjo had been trading legal authority on the validity of LASPA, and the legality of the parking permit. Falana, last Friday, in response to the government’s earlier position cautioned the Lagos State government against usurping the powers conferred on local governments by the constitution, to fix, regulate and collect parking fees.
In a letter written to the Attorney-General & Commissioner for Justice, Lagos State, which was signed by E. Olawanle, Falana reminded the state government of the pronouncement of the Supreme Court on the illegality of usurping the powers conferred on local governments.
The letter entitled Re: ‘Lagos Parking Levy is constitutional,’ stated that in view of the authoritative pronouncement of the Supreme Court on the illegality of usurping the powers conferred on local governments by state governments, it was indisputably clear that the local governments cannot be legitimately divested of the powers conferred on them by Section 7 of the Constitution to fix and collect parking fees in Lagos State.
Falana insisted that even if they wanted to divest themselves of those powers, local governments in the state cannot, because it is enshrined in the constitution.
He urged the AG to advise the government on the impropriety of fixing and collecting parking permits, and the illegality of LASPA, a state agency, to regulate a function that was under the purview of local governments.
“Accordingly, we are compelled to urge the Attorney General to prevail on the Lagos State Parking Authority to desist from fixing and collecting parking fees in Lagos State,” Falana said.
Though Oladeinde had assured that the government would not flout the nation’s grund norm, it remains to be seen whether the government would leave this to its 57 councils to shore up their internally generated revenue (IGR) or find another way of consolidating it. It also remains to be seen whether it would be the end to LASPA, and an end to inordinate fees slammed on those who had no event centres or either a church or mosque, but got slammed all the same because they had setbacks, which motorists are illegally utilising.