Court Stops Abuja Park And Pay Policy

An Abuja High Court has declared as illegal the park and pay scheme introduced in Abuja by the Federal Capital Territory Administration (FCTA).

In a judgment that  lasted  over one hour, Justice Peter Affen  held that though the park and pay policy might be described as an excellent policy, but it lacked the backing of the law.

The plaintiff, Sun Trust Savings and Loans Limited had sued the Minister of the Federal Capital Territory and two others challenging the legality of the policy under which motorists paid for parking their cars in the Federal Capital Territory (FCT).

The plaintiff among other things, had asked the court to determine whether the park and pay policy of the FCT was in pursuant of any Act of the National Assembly as provided by the 1999 Constitution and whether the defendants could exercise the powers to collect taxes, rates and fees without the Act of the National Assembly.

The plaintiff had sought a declaration that the pay and park policy scheme was ultra-vires, illegal and not in pursuant to any Act of the National Assembly.

It also asked for a declaration that the defendants were not constitutionally empowered to collect tax, fees and rate in the FCT without an Act of the National Assembly.

It sought an order of perpetual injunction restraining the defendants, their agents and privies from collecting taxes, fees and issuing of parking violation charges.

The plaintiff also sought the refund of N20,000 collected by the third defendant and another N100million in exemplary damages.

Justice Affen in determining the suit held that though the first defendant could  make laws to collect taxes, fees and rates in the FCT, but the 2005 bye-law of the FCT did not contemplate the park and pay scheme rather made provision for park and ride, “which is not being implemented.”

He further held that the FCT Road Transport Regulation though made elaborate provisions, the judge however said: “But I was not fortunate enough to find the park and pay scheme in the 2005 FCT by law. What it provided for under section 118 and 119 is the park and ride scheme.

“For reasons of clarity, I will state out those provisions in extensor.  Section 118 states that the transport secretary may from time to designate any operational area or zone as a park and ride area or route for the purposes of traffic management between 6a.m. and 6p.m.”

In granting the reliefs sought by the plaintiff, the judge declared the scheme illegal, ultra vires, null and void.

The judge also restrained the first defendant from collecting any taxes, rates and fees from motorists except such was provided for by a valid subsidiary legislation.

“The defendants by themselves, privies, agents, servants or whatsoever name they are called are hereby restrained from operating pay and park scheme save and except the same is provided for or authorised by a valid bye law,” the judge ruled.

While commending the judgment, the plaintiff’s counsel, Ekene Okwubanego, expressed happiness, saying the court had vindicated them.

“I want to believe that the Minister of FCT being one of the key ministers of this administration, will comply with the judgment of the court,” Okwubanego said.