…Releases park charges

…Bars councils from collection

…Seeks public cooperation amidst knocks

By Olasunkanmi Akoni

The Lagos State Government, through Lagos State Parking Authority, LASPA, yesterday, said that the introduction and collection of parking levy in the state was not aimed for revenue generation but for regulation of policies, even as it has the power by law to collect park levies.

Controversy has continued to trail the development after a post that recently circulated on social media, stating that LASPA issued a letter signed by its General Manager, levying a Lekki-based company a total sum of N290,000 for the parking lot outside their premises.

One of the personalities who condemned it was a human rights lawyer, Femi Falana, SAN, who descried it as “unconstitutional,” and urged the state government to withdraw it without delay.

Another constitutional lawyer, Jiti Ogunye, contended that; “There is Lagos State Parking Authority Law that empowers the authorities to impose levies for parking. It is that law that is being implemented by the state. When issues like this come up, it is important to have a sober and calm appreciation of the matter.

“Now, the contention has been that under our constitutional democracy, particularly with reference to Section 7 of the constitution, it is the local government that has the constitutional enablement or power to build and manage parks and gardens and charge rates or fees for their usage.

“So, motor parks and other parks are under the constitutional remit of the local government. Therefore, the state government does not have the constitutional powers to maintain parks or charge rates for their usage.

“However, the LASPA law and another law, which I will reference presently, are laws validly made by the Lagos State House of Assembly and even if it is being contended that the laws are made in excess of the constitutional powers of the state House of Assembly, it will take a court to so pronounce and invalidate those laws.

“To the extent that those laws are yet to be invalidated or voided by a court of law, they remain operational and are capable of being enforced by the state.

“Now specifically about imposition of levies for parking of vehicles on road setbacks, there are two arguments. The first is about the legality or constitutionality of the policy; the second is about the fairness of the policy, in the light of the current economic situation and what people are going through in the country. It is about whether in the name of generating revenue, this imposition is justifiable and rational.

“My view concerning this two-pronged argument is that on the issue of constitutionality and legality, I have said that even it is being strongly suggested that this law is an infringement on the legislative domain of the local government, it will take a court to pronounce that what the state government is doing is an usurpation of the constitutional powers of the local government. But right now, no court of law has done that.

“On the other issue of fairness, my view is that these setbacks we are talking about are spaces in the front, side or back of a building that is already being levied Land Use Charge. The issue is whether the setbacks that the government is claiming belongs to it should attract charges or levies separate from the Land Use Charge already being levied on the buildings in front of which these setbacks are situated. My view is that in the circumstances of the economy, with what people are going through, with the issue of multiple taxation, it’s not justifiable.

“Clearly, this policy is not about promoting a friendlier environment in terms of reducing the number of vehicles on the roads; because no cars are being taken off the roads. The goal of the policy is to generate revenue, which makes it something that I don’t support. If the greed for revenue generation or revenue growth is what is driving this, then it is not right.”

LASG clarifies levy

Commissioner for Transportation, Dr. Frederic Oladeinde, Commissioner for Information and Strategy, Gbenga Omotoso, and General Manager, LASPA, Mrs. Adebisi Adelabu, made the clarification on Wednesday, during a media briefing to sensitise stakeholders and the public on the mandate and activities of the agency, held in Alausa, Ikeja.

According to Oladeinde, “​​As it is usually the case, especially in a political season, political jobbers and people with limited knowledge on the constitutional mandates of LASPA have tried fruitlessly to exaggerate the issue by playing to the gallery.

“For the avoidance of doubt, kindly permit me to clearly state that contrary to the erroneous claims of certain individuals and groups, LASPA has the power by law to collect park levies.

“For the purpose of emphasis, let me highlight a few of the mandates of LASPA with a view to further enhancing the understanding of members of the public.

“LASPA was created to find lasting solutions to the issues of indiscriminate and illegal parking across the state. This will aid prompt reduction of traffic gridlock experienced by everyone.

“We, thus, urged residents to cooperate with the agency and other similar stakeholders in carrying out its laudable mandate.

“The agency was established, among others, to promote parking policies tailored to suit the peculiarity of the state in line with modern international standards towards achieving a smart city.

“LASPA is also empowered to remove all impediments arising from indiscriminate parking on carriageways, thereby increasing the carriageway capacity on the roads, improving the flow of traffic and reducing travel time.

“First on our mandate is to improve the parking culture. We also believe that the establishment of the authority also enables employment opportunities for the youths. In doing so, it is expected that revenue generation will come naturally, later which will also be used for provision of basic infrastructure in the state.

“We have the mandate to charge fees on private commercial parks, non-commercial parks and other parking lots on any facility provided by the authority.”

Omotoso said the briefing was to clear the air on issues and educate the public on the mandate and functions of the agency.

Park charges

“Let me emphasize that most private commercial parks charge the residents between N500 to N1,000 parking dues per hour and each person parking at these respective parks can have four stop over which sums up to N2,000 or N4,000 daily.

“At the end of the year, the commercial park owner will realize over N182,500 or N365,000 if charges is per hour or gain a total N730,000 or N1,460,000 for 4 stopovers. This is the price most Lagosians pay to commercial park owners.

“LASPA levy of N80,000 divided by the No of days in a year result to 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.”

Oladinde, reiterated that, “being a government that respects the constitution as the sole source of its engagement with the public, the state government will never resort to any unconstitutional means in its dealing with the people.”

He therefore, urged interested and concerned members of the public to reach the agency via: Facebook:Laspa Mot, Twitter:@laspa_mot, Instagram: laspa_lagos and email: [email protected] as well as visit the website on: www.laspa.lg.gov.ng

Bars councils from collection

Adelabu, in her remarks, said that “it is not the local councils that have the rights to issue parking permits across Lagos, as it has been agreed that the councils should seed that authority to the agency.”

To prevent double payment and harassment of residents and businesses, she added that her agency has continued to engage councils’ officers against demanding or issuing parking permits from businesses and individuals, as the sole responsibility rest on the agency.