An Oyo State High Court sitting in Ibadan, the state capital, has nullified the appointment of park managers by the Seyi Makinde-led administration in the state.
The park managers were appointed by Governor Makinde on 17 February 2020.
But while delivering judgment in a case filed by a former chairman of the National Union of Road Transport Workers (NURTW) in the state, Abideen Olajide, popularly known as Ejiogbe, the court presided over by Honourable Justice M. A. Adegbola, described the collection of rates by the park managers appointed by the state government as illegal.
The court ruled that management and control of motor parks in a state were saddled with the local government as provided in the nation’s laws.
“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 such duty and function can only be performed exclusively by the local governments as listed in the 1999 Constitution.
“Parks and their management fall exclusively under the powers and confines of local government administration and the appointment of park managers by the respondents is unconstitutional, illegal, null and void, as it contravenes the provisions of Section 7 (5), Paragraph 1 (e) of the 4th Schedule to the 1999 Constitution (as amended).
“The appointment of park managers and collection of rates by the park managers on behalf of the respondents from the applicants and its members is illegal, unconstitutional and contrary to the spirit and letter of the 1999 Constitution (as amended).
“The respondents 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.
“Any order and/or pronouncement made by the 1st, 2nd and 3rd respondents on 17 February 2020, with respect to motor park management and appointment of park managers in Oyo State, is unconstitutional, illegal, null and void, as same violates the provisions of section 7 (5) of the 1999 Constitution and Paragraph 1 (e) of the Fourth Schedule to the 1999 Constitution,” the court declared.
The judge went further to give an order setting aside the appointment of the park managers in all motor parks in the state by the state government, saying it lacked the power to so do.
The court gave an order setting aside the selection and appointment of park managers in all motor parks in Oyo State by the 1st, 2nd and 3rd respondents on 17 February 2020 as the same is ultra vires the powers of the respondents.
It, therefore, gave an injunction restraining the respondents, their agents, privies, or whosoever 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 in Oyo State.
