An High Court sitting in Ibadan, the Oyo State capital has nullified the appointment of the Park Managers System established by the Seyi Makinde-led administration in the state.
It will be recalled that the Park Management System was introduced last year following the proscription of the National Union of Road Transport Workers in the state.
Justice M. A. Adegbola, who presided over the case filed by the former chairman of the National Union of Road Transport Workers in Oyo State, Abideen Olajide, popularly called Ejiogbe, described as illegal the collection of rates by the park managers appointed by the state government.
The judgement reads “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.
“That parks and management fall exclusively under the powers and confines of local government administration and that 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.
“That 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.
A declaration that any order and/or pronouncement made by the first, second and third respondents on the 17th February, 2020 with respect to motor park management and appointment of the 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 4th schedule to the 1999 constitution.
“An order setting aside the selection and appointment of the managers in all motor parks in Oyo State by the first, second and third respondents on the 17th February, 2020 as same is ultra vires the powers of the respondents.
“Perpetual 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.”