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Human and Environmental Advancement Agenda (HEDA) has urged a Lagos Condition Significant Court in Ikeja to nullify the state’s Parking Authority Law for violating the 1999 structure.
HEDA is contending, in the accommodate which is nevertheless to be assigned to a judge, that the Lagos Point out has no constitutional powers to promulgate a legislation to manage, control and deal with parks, bus-stops and garages in the state.
Joined as respondents in the suit are, the Lagos State Governor, Babajide Sanwo-Olu, the Lawyer-Standard of Lagos and the Speaker, Lagos Condition Household of Assembly.
The civil modern society organisation is inquiring the court for a declaration that by virtue of Part 1(3) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the Lagos State Parking Authority Regulation, Legislation of Lagos State Ch. L50, Volume 6 is void being inconsistent with Section 1(e) of the Fourth Timetable to the 1999 Structure of the Federal Republic of Nigeria (as amended).
The organisation is also looking for a declaration that the law currently being inconsistent with the 1999 Constitution of the Federal Republic of Nigeria (as amended) stands repealed.
HEDA is additional urging the court for a declaration that every single Area Federal government Area in Lagos Condition shall sustain, regulate and take care of all parks, bus-stops and garages that falls within just their respective locations in the state as presented for in Segment 1(e) of the Fourth Agenda to the 1999 Structure of the Federal Republic of Nigeria (as amended).
The claimant averred, in an affidavit hooked up to the accommodate, that Segment 1(e) of the Fourth Timetable to the 1999 Structure gives that one of the primary functions of a Regional Governing administration Council in Nigeria is the institution, maintenance and regulation of motor parks.
“That the Lagos State Parking Authority Legislation is inconsistent with the provision of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
“That by Area 1(3) of the 1999 Constitution of the Federal Republic of Nigeria, the Lagos State Parking Authority Law is null and void,”
In its originating summons brought pursuant to Get 5 Rule 4 & 5 of the Significant Courtroom of Lagos Condition (CIVIL Technique) Rules 2019 and beneath the Inherent Jurisdiction of the Honourable Court, HEDA maintained that the Defendants flagrantly dismissed the Supreme legislation (1999 structure) as amended, and went forward to enact the law underneath assessment.
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