The Osun State chapter of Nigeria's All Progressives Congress (APC) and the state House of Assembly are at odds over a recently passed bill. The Integrated Transport, Traffic and Park Management System Bill aims to regulate and manage motor parks across the state. The APC has rejected the legislation, citing constitutional concerns. The party argues that the Assembly lacks the power to legislate on this matter. This has sparked a debate over the limits of state legislative authority.

The APC's position was outlined in a statement signed by Kola Olabisi, the party's spokesperson. According to Olabisi, the bill is unconstitutional and would disturb public peace in the state. The party claims that Section 7(1) of Nigeria's 1999 Constitution assigns the administration and revenue collection of public motor parks to local government councils. The APC insists that the bill, if passed into law, would be at variance with certain constitutional provisions.

However, the Osun State House of Assembly has defended its authority to pass the bill. In a statement signed by Olamide Tiamiyu, Chief Press Secretary to the Speaker, the Assembly argued that the APC's position is fundamentally flawed. The Assembly claims that the party has misinterpreted the Constitution, particularly provisions relating to local government councils and state legislative powers.

The Assembly noted that Section 7(1) of the Constitution guarantees the system of democratically elected Local Government Councils. It provides that the government of every state shall ensure their existence under a law providing for their establishment, structure, composition, finance, and functions. The Assembly argues that this implies the Constitution places the legislative framework for local government councils within the state legal architecture.

The Assembly further argued that the APC's argument is selectively applied. It noted that while the Fourth Schedule lists the establishment, maintenance, and regulation of motor parks among local government council functions, the Constitution also recognises the authority of a state House of Assembly to confer functions on local government councils by law. The Assembly insists that it followed the legislative process in considering and passing the bill.

The Assembly has invited the APC to approach a competent court of law to challenge the bill. It argues that the legislative power of a state House of Assembly is exercised by Bills passed by the House and assented to by the Governor, subject to the Constitution. The Assembly is confident that its actions are constitutional and has urged the APC to seek judicial redress if it disagrees.

The disagreement between the APC and the Osun State House of Assembly reflects a deeper debate over the limits of state legislative authority in Nigeria. The outcome of this dispute may have implications for the regulation of motor parks and transport services across the country. Key stakeholders will be watching to see how this issue unfolds.

Key points

  • The APC has rejected the Integrated Transport, Traffic and Park Management System Bill, citing constitutional concerns.
  • The Osun State House of Assembly has defended its authority to pass the bill, arguing that the APC has misinterpreted the Constitution.
  • The disagreement reflects a deeper debate over the limits of state legislative authority in Nigeria.

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SaharaWire Newsroom
SaharaWire

Reporting for SaharaWire from the Nairobi bureau.