The Osun State chapter of the All Progressives Congress, APC, and the state House of Assembly have disagreed over the constitutionality of the recently passed Integrated Transport, Traffic and Park Management System Bill.

While the APC argued that the Assembly lacked the constitutional authority to legislate on the regulation and management of motor parks, the lawmakers said the party had misinterpreted the 1999 Constitution.

In a statement issued in Osogbo on Thursday, the APC spokesperson, Kola Olabisi, said the Assembly lacked the constitutional power to regulate and manage motor parks across the state.

The party argued that Section 7(1) of the Constitution places the administration and revenue collection of public motor parks under democratically elected local government councils.

The APC also described the bill as “a glaring recipe for the disturbance of public peace in the state”, arguing that it was inconsistent with constitutional provisions.

However, the House of Assembly, through a statement signed by the Speaker’s Chief Press Secretary, Olamide Tiamiyu, dismissed the APC’s position as a “misinterpretation of the 1999 Constitution”.

The Assembly said Section 7(1) guarantees the existence of democratically elected local government councils but also provides for state legislation on their establishment, structure, composition, finance and functions.

It noted that the Fourth Schedule of the Constitution lists the establishment, maintenance and regulation of motor parks among the functions of local government councils.

However, the lawmakers argued that the provision should be read alongside other constitutional provisions governing the relationship between state and local governments.

“The implication is straightforward: the Constitution deliberately places the legislative framework for the establishment, structure, finance and functions of local government councils within the state legal architecture,” the Assembly said.

It added that the presence of motor park management among local government functions did not automatically prevent a state House of Assembly from legislating on matters relating to the councils.

The Assembly also cited Section 100 of the Constitution, which provides for the exercise of a state legislature’s lawmaking powers through Bills passed by the House and, subject to the Constitution, assented to by the governor.

It said the Integrated Transport, Traffic and Park Management System Bill had undergone debate and deliberation before being passed.

The lawmakers therefore advised the APC to challenge the legislation in court rather than rely on public statements.