“ 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.
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.