Justice M.A Adegbola of High Court 6 sitting at Ring Road in Ibadan has declared the activities of park managers in the state as illegal on the ground that parks and management fall exclusively under the powers and confines of Local Government administration and that the appointment of park managers by the government is unconstitutional as it contravenes the provisions of Section 7 (5), paragraph 1 (e) of the Fourth Schedule to the 1999 Constitution as amended.
Justice Adegbola made the declaration on Wednesday while ruling in a suit delineated M/246/2020 filed by five people; Alhaji Abideen Abimbola Olajide, Alhaji Lekan Aleshinloye, Alhaji Isiaka Ajetunmobi, Alhaji Kasali Lawal and theNational Union Of Road Transport Workers.
Respondents in the suit are the Governor of Oyo State, the Attorney-General and Commissioner for Justice, Oyo State and the Commissioner for Ministry Of Public Works, Infrastructure and Transportation in Oyo State.
The court had declared that the management and control of motor parks is a Local Government function as provided for under Section 7 (5) of the 1999 Constitution of the Federal Republic of Nigeria, as amended and that such duty and function can only be performed exclusively by the Local Governments as listed in the 1999 constitution.
Justice Adegbola had declared further that parks and management fall exclusively under the powers and confines of Local Government administration and that the appointment of park managers by the government is unconstitutional, illegal, null and void as it contravenes the provisions of Section 7 (5), paragraph 1(e) of the Fourth Schedule to the 1999 Constitution as amended.
He further declared that the appointment of park managers and collection of rates by park managers on behalf of the government by the applicants and its members is illegal, unconstitutional and contrary to the spirit and letter of the 1999 constitution as amended because the government and its agencies cannot take over the primary duty of the local government to wit: Park Management and appointments of motor park managers which is exclusively provided for in Section 7 (5) of the 1999 Constitution to be the duty of the local government.
Also, the court declared that any order or pronouncement made by the governor and his commissioners on February 17, 2020, with respect to motor park management and appointment of park managers in Oyo State is unconstitutional, illegal, null and void as it violates the provisions of Section 7 (5) of the 1999 constitution and paragraph 1 (e) of the fourth schedule to the 1999 constitution.
Justice Adegbola gave a setting aside the selection and appointment of park managers in all motor parks in Oyo State by the government on February 17, 2020, on the ground that it ultra vires the powers of the government and its agents and further gave an order of perpetual injunction restraining the government, its agents or privies from interfering with the management and affairs of motor parks in Oyo State and from collecting any rates and dues from any of the parks or commercial drivers within the state.
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