NLNG Corporate Teamwork banner First bank campus storm Fidelity bank card banner Emerald Energy Institute Camano banner

Airtel loses court case over car park

By News Express on 14/07/2017

Gmail icon

Views: 1,637


The Court of Appeal, Lagos, has reaffirmed the earlier judgement of Hon. Justice Y. O. Idowu of the High Court that private parking lots are legitimate revenue source for Local Governments in Lagos State.

Delivering judgement on an appeal filed by Airtel Network Limited against the previous ruling of Justice Idowu, the Appellate Court stated that the Local Government functions were not exhaustive and do not fall outside the scope of section 7(5) and Schedule 4 of the 1999 Constitution of the Federal Republic of Nigeria (as Amended) as the provisions were clear and not inconsistent.

The Court noted further that that it was unable to agree with the Appellant that the 3rd Respondent (Eti-Osa Local Government) does not have power to regulate/make law that relates to private parking since there is nothing in the Bye-Law that is inconsistent with Section 7 and paragraph 1 of the Fourth Schedule to the Constitution.

The Appellate Court in CA/L/311/2013, therefore, sustained the arguments of the Attorney General of Lagos State and upheld the previous judgment of the Lagos High Court which had earlier dismissed the Appellant’s Originating Summons of 2nd February, 2011.

The Appellant, Airtel Networks Limited, operated a private parking lot within the jurisdiction of the 3rd Respondent, Eti-Osa Local Government and had contested that the latter was restricted in collection of levies to the public motor parks.

In a brief of argument before the Court, the Appellant distilled two issues for determination and these were whether by virtue of Section 7 of the 1999 Constitution of the Federal Republic of Nigeria and the Fourth Schedule thereof, the functions of the Local Government which includes establishment, maintenance and regulation of motor parks envisaged or relates to private car parks/car lots and whether the 3rd Respondent has power to enact its Parking and Control of Traffic Bye-Laws as a basis to impose a parking permit fee on the Appellant.

However, the Lagos Attorney General, represented by Akinkunmi Idowu, a Director in the State Ministry of Justice, argued that the Lagos State House of Assembly enacted the LOCAL GOVERNMENT (ADMINISTRATION) LAW (As Amended) pursuant to section 7 of the Constitution and the 3rd Respondent was given powers to make its own Bye-Laws.

The Attorney-General submitted that there is clear and unambiguous intendment of the legislature to include private parking lots within the purview of the affected areas subject to the law and it is settled law that where the words of a statute are plain and ambiguous, they must be given their plain meaning.


Source News Express

Posted 14/07/2017 12:35:47 AM

 

 

CLASSIFIED ADS

 

You may also like...
Anambra 2014: APGA shakes Awka as Obiano flags...

Minister stresses need for accurate data in effective...

US-African Export–Import Investment Forum 2014 promotes Africa as...

Defence Minister commiserates with Zamfara people over meningitis...

Wonder on wheels: Firm targets increased Mercedes-Benz sale...

Buhari okays traditional medicine for malaria as FG/JOHESU...

FG hints at increase of Abuja-Kaduna rail fares...

“75% of POLICE BUDGET STOLEN”; Force due for...

Osama bin Laden’s son marries 9/11 hijacker’s daughter...

Maritime workers suspend strike

Abolurin preaches peace at World Civil Defence Day...

UBA sends strong delegation to World Economic Forum...

 

Latest News Anya, Kolade point way to a better Nigeria •Stress need to identify, empower talented, visionary youths Aisha Buhari locked out in Aso Villa APC crisis deepens, Buhari, Oshiomhole’s states worst hit 2019 polls: Court awards N20m against Army Nobody attacked Oshiomhole — Edo CP insists 2021: Group lures Soludo to enter Anambra governorship race NDDC: A people’s albatross, By Ebun-Olu Adegboruwa Ex-militants to Akpabio: Develop Niger Delta, take over Amnesty Programme Yellow Fever kills 22 in Bauchi Bayelsa, Kogi politically volatile — NEC BBOG rues missed opportunities to rescue the Chibok Girls, challenges Buhari to keep promise Bayelsa doesn’t need governor colluding with oil firms to sponsor militancy — Senator Diri •PDP Inaugurates Campaign Council

 

Most Read NUDE PHOTO OF OMOTOLA JALADE-EKEINDE surfaces online (550,727 views) Nigerian female sex addict opens up, says ‘I like it with both men and women’ (447,235 views) Shameless Genevieve Nnaji exposes breasts in public (394,722 views) Finally named: The full list of friends of Nigerian female sex addict who prowled Facebook (330,621 views) OLUMBA OLUMBA OBU (the one who called himself God) IS DEAD (298,841 views) 10 cars more expensive than Jets (263,418 views) Igbo scholar disgraces Femi Fani-Kayode •Demolishes claims on Igbo/Yoruba history with facts and figures (256,000 views) Breaking News: POPULAR REVEREND CONVERTS TO ISLAM in Kaduna (Nigeria) (253,258 views) OBJ’s son reported dead in Lagos plane crash •Names of more victims emerge (234,728 views) My wasted years in Olumba Olumba Obu’s Evil Brotherhood (220,908 views) Lagos plane crash: Journalist releases victims’ names (198,475 views) THE FINAL DISGRACE: Igbo scholar unleashes more facts about Igbo/Yoruba history, finishes off Femi Fani-Kayode with second article (195,698 views)

 

CBN milk production

CBN banner advert

UBA Wise Savers Promo

 

Categories Advertorials (3) African Press Organisation (81) Art & Literature (105) Business & Economy (4,490) Business Verdict (85) Columnists (1,127) Complaints & Requests (96) Enterprise & Opportunities (217) Entertainment (689) Features (829) Global Business Monitor (464) ICT Monitor (65) International (4,073) Interview (204) Live Commentary (30) Love Matters (174) Maggie's Blog (448) News (52,644) Opinion (1,394) Pidgin (17) Politics (11,569) Religion (1,110) Sports (2,194) Stock Watch (39) AMA & Al Jazeera Global Update

 

 

 

 

 

 

APO Group Partner

 

 

CLASSIFIED ADS

GOCOP Accredited Member

GOCOP Accredited member

 

 

Africa Media Agency and Al Jazeera