The Osun State chapter of the All Progressives Congress (APC) and the state House of Assembly have disagreed over the constitutional validity of a new law seeking to regulate motor parks and transport activities across the state.
The dispute centres on the Osun State Integrated Transport, Traffic and Park Management System Bill, 2026, which the Assembly passed on Wednesday and forwarded to Governor Ademola Adeleke for assent.
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While the APC says in a statement issued on Thursday and signed by its spokesperson, Kola Olabisi, that the assembly lacks the constitutional authority to take over the regulation and management of motor parks, the lawmakers argue that the party is relying on a selective interpretation of the Nigerian constitution.
The disagreement introduces a new dimension to the governor’s plan to reintroduce a new Park Management System following a recent violent dispute over control of motor parks in the state.
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APC challenges assembly’s authority
The party’s statement urged the assembly to withdraw the legislation, describing it as unconstitutional and unenforceable. The party based its objection principally on Section 7(1) of and the Fourth Schedule.of the constitution.
It argued that the constitutional provision means the regulation and revenue collection associated with public motor parks belong to democratically elected local government councils, rather than the state government.
“Such Bill, if eventually passed into law, would be at variance with certain provisions of the Constitution of the Federal Republic of Nigeria 1999 as amended, Section 7(1) which assigns direct administration and revenue collection of public motor parks to democratically elected local government councils across the country rather than the federal or state government,” the statement read.
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The party warned that the legislation could create conflict in the state if implemented.
It also linked the bill to Governor Adeleke’s earlier decision to reintroduce the Park Management System through an executive order, arguing that the legislative route was an attempt to achieve the same objective after opposition to the proposed executive action.
“It is a glaring recipe for the disturbance of public peace in the state apart from the fact that it is at variance with the Constitution of the Federal Republic of Nigeria 1999 as amended.”
The party called for the immediate withdrawal of the bill.
Assembly rejects APC’s interpretation
The House of Assembly, however, rejected the party’s interpretation of the costitution.
In a statement signed by Olamide Tiamiyu, Chief Press Secretary to the Speaker, Adewale Egbedun, the lawmakers said the APC had misunderstood the constitutional relationship between state governments and local government councils.
The assembly argued that the cited Section 7(1) of the constitution, while guaranteeing the system of democratically elected local government councils, also provides that state governments shall ensure their existence under laws providing for their establishment, structure, composition, finance and functions.
It said the provision should not be interpreted to mean that any subject listed among local government functions automatically falls outside the legislative competence of a state House of Assembly.
The lawmakers acknowledged that the Fourth Schedule assigns the regulation of motor parks to local government councils but argued that the constitutional framework also recognises the role of state legislatures in determining the legal framework within which local governments operate.
“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.
“It is therefore erroneous for the APC to suggest that the mere fact that a matter appears among the functions of local government councils automatically removes it from the legislative competence of the state,” the assembly’s statement read.
The assembly further cited Section 100 of the constitution, which provides the procedure for exercising the legislative powers of a state House of Assembly through bills passed by the legislature and, subject to the Constitution, assented to by the governor.
It said the park management legislation went through the legislative process, including debate and deliberation by elected lawmakers, before its passage.
The Assembly consequently challenged the APC to take its constitutional objection to court rather than seek to determine the validity of the legislation through public statements.
“If the APC genuinely believes that the law is unconstitutional, the courts are open to it,” the Assembly said.
What the new law seeks to do
The Integrated Transport, Traffic and Park Management System Bill seeks to create a framework for the registration, regulation, management and digital administration of commercial transportation, traffic, motor parks, terminals, garages, loading points and related transport infrastructure.
A key provision is the introduction of digitalised ticketing, which the Assembly says is intended to eliminate multiple ticketing, reduce the financial burden on transport operators and improve transparency in revenue collection.
The lawmakers have also linked the proposed system to passenger protection, transport safety and greater accountability in the sector.
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The bill followed Governor Adeleke’s September directive for the reintroduction of a Park Management System after the killing of his ally, Olalekan Oyeyemi, popularly known as Emir Ajagungbade, in Ile-Ife, and one other person, which the state government said was allegedly connected to a dispute over the leadership of a motor park.
Following the incident, Mr Adeleke ordered security agencies to restore order in affected parks and announced plans to establish a new park management structure.
At the time, the governor said that he would issue an executive order to give effect to the system.
The assembly’s subsequent passage of the bill now seeks to provide a legislative framework for the transport and park management system.
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