“ The court distin­guished the “Park and Ride” pol­icy as pro­vided un­der the FCT Trans­port Reg­u­la­tion, 2005, from the il­le­gal “Park and Pay” scheme which was des­ti­tute of any known law back­ing the scheme.

Daily Trust - - CASE REVIEW -

Reg­u­la­tion, 2005, par­tic­u­larly sec­tion 11 (i) (e) with­out more did not con­tem­plate, nei­ther did it pro­vide for the Park and Pay scheme as op­er­ated by the de­fen­dants. Ac­cord­ingly, the court did not hes­i­tate to de­clare the Federal Cap­i­tal Ter­ri­tory pol­icy of Park and Pay as il­le­gal, null and void for fail­ure of hav­ing the req­ui­site le­gal in­stru­ment. Sim­ply put, the court de­clared as il­le­gal the collection of fees/ penal­ties from Abuja mo­torists for park­ing on the streets un­der the guise of en­forc­ing the Park and Pay scheme un­der a nonex­ist­ing law. Con­se­quently, the court di­rected that the scheme be back­ing the scheme. He pointed out that the “Park and Ride” pol­icy was es­sen­tially for Abuja res­i­dents to park their per­sonal cars at des­ig­nated places and ride in a sup­pos­edly com­fort­able buses pro­vided by the FCTA to the city cen­tre. The reg­u­la­tion or bye-law es­tab­lish­ing the “Park and Ride” pol­icy clearly stated that any in­frac­tion of the ‘Park and Ride” pol­icy at­tracts a fine of N5,000.00 upon con­vic­tion. But such is not the case with the il­le­gal ‘Park and Pay’ scheme which has no law putting it in place as well as no-known law pre­scrib­ing sanc­tion.

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