Lagos clarifies on new parking fee, as Falana faults constitutionality of setback law

Dust has yet to settle on the latest move by the Lagos State Parking Authority (LASPA) to implement fees of up to N100, 000 for parking of vehicles on open spaces outside own property by residents, as a rights lawyer, Mr Femi Falana SAN, has described it as ‘illegal,’ despite clarification issued by the state concerning the new levy.

LASPA was established in 2021; the government claimed it created the agency to enforce parking violations and offences in the state.

It would be recalled that the State Government had caused disquiet among residents following a memo titled; “Parking Permit And Demand Notice”, and reportedly sent to a food and snacks operator in the Lekki area of the state informing of a law which mandates LASPA to collect fees from residents for parking of vehicles in front or beside their property’s setbacks.

Known as property setbacks, the space in front of properties own by each resident which previously served as car parks is now to be taxed by the state government up to the tune of N100, 000 depending on location of the property.

Setback ordinances are property laws that govern property boundary lines. A setback is the minimum distance from the property line that a structure can be built, according to Legal Match.

The annual fee comes with a non-refundable N50, 000 payment for processing charge.

A notice signed by Mrs. Adebisi Adelabu, General Manager, LASPA, says residents have only seven days to pay once served the notice.

A letter to the Manager, Nellies, 95, plot 6, Omorinre Johnson Street, Lekki Phase 1, Lekki, with Ref: No: LASPA/OPS/PP/01/22, dated August 15, 2022 stated: “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 all forms of managed parking in the State.

“In view of the above, and in line with the administration’s policy in moving Lagos State towards a 21st century economy to align with the first pillar of THEME’S 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.

“Based on inspection, we identified Three (3) parking slots on your setback at the rate of N80,000 per slot per annum totaling N240,000.00 (Two Hundred and Forty Thousand Naira) only.

“Also, a non-refundable Administrative/Processing fee of N50,000 (Fifty Thousand Naira) only applies based on your location totaling N290,000.00 (Two Hundred and Ninety Thousand Naira) only payable for the year 2022 to be paid into Lagos State Parking Authority account within a period of seven (7) days of receiving this letter.”

The demand notice also provided two bank accounts; one in Globus Bank and another in Polaris Bank.

It also directed that payees should attach proof of payment to process their permit.

“It’s not like they built a park and charge people but you have to pay for your own space in your own compound after driving on bad roads,” a resident lamented.

The newly-created LASPA has taken over open parking spaces in the state.

Meanwhile, LASPA has now clarified on the new fee charged for parking on property setbacks by Lagos residents, saying the state government legally owns setbacks across the metropolis.

LASPA made the clarification while reacting to reports that a company operator Nelly Agbogu, the owner of Healthy Foods and Snacks in Lekki Phase I, had claimed that the agency charged her the sum of N290,000 for parking in her compound.

Refuting the allegation, the General Manager of LASPA, Mrs. Adebisi Adelabu, described the claim as totally false, scandalous and inimical to the image of the Authority and the Lagos State Government.

Mrs Adelabu stressed that the said business outfit was duly charged for parking cars on the road setback, which by law belongs to the Government of Lagos State.

“For the avoidance of doubt a setback, for obvious reasons, is the space between the perimeter fencing and the walkway or the road, as the case may be.

“Whoever claims he/she owns a setback around his/her property will have to provide official documentation from a State Government authorised Ministry, Department and Agency showing the legal ownership of the said setback and the Traffic Impact Assessment (TIA) Certificate of the property to LASPA”.

However, commenting on the new parking law of the state government, human rights lawyer, Femi Falana SAN, Sunday, described it as ‘illegal and unconstitutional,’ even as he urged the Lagos authorities to withdraw it without delay.

According to the human rights lawyer, instead of prescribing how the parks and gardens were to be managed by the local governments, the House of Assembly illegally set up the Lagos State Parking Authority to manage parks and gardens in the state.

Falana posited that since the Lagos State Parking Authority was an illegal creation, it lacked the constitutional powers to fix and collect parking levy from residents in the state in ‘any manner whatsoever and howsoever,’ adding further that the attention of the Lagos State House of Assembly ought to have been drawn to the constitutional anomaly.

“By virtue of Section 7 of the Constitution of the Federal Republic of Nigeria 1999 as amended, it is the exclusive constitutional responsibility of local governments to establish and maintain motor parks in any of the states of the federation. Furthermore, it is the sole responsibility of local government authorities to construct and maintain parks, gardens, open spaces or public facilities as may be prescribed by the House of Assembly.

“In particular, the House should be requested to set the engine in motion for the immediate repeal of the Lagos State Parking Law which was illegally enacted to consolidate ‘all that relating to parking and its connected purposes with powers and functions and which states that the Authority shall, among others, be responsible for all forms of managed parking in the State’.

“The policy of the Babajide Sanwo-Olu administration to move Lagos State towards a 21st-century economy must comply with the provisions of Section 7 of the Constitution and the Fourth Schedule thereof.

“In Aitel Nigeria Limited v Attorney-General of Lagos State & Three Others (2019) 1 NCLR 1, the Lagos State High Court ruled that the bye law which authorises the Eti Osa Local Government Area to collect parking levy from the claimant was in order. Dissatisfied with the judgment, the claimant appealed to the Court of Appeal.

“In dismissing the appeal and upholding the decision of the lower court, the Court of Appeal held that it was unable to agree with the appellant that the third respondent does not have power to make law that relates private parking since there was nothing in the bye law that is inconsistent with Section 7 and Paragraph 1 of the Fourth Schedule to the constitution.

“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.”