Justice Olalekan Oresanya of the Lagos High court has nullified the powers of LASTMA to impose fines or tow vehicles of traffic offenders in the state.
The ruling has been described as a watershed in the traffic management and enforcement system in the state, where LASTMA imposes huge monetary and other fines on traffic offenders without regards to the court of law.
The judge made the judgment on Thursday in a suit filed by Lawal Aliyu against LASTMA and the Lagos State government.
Justice Oresanya in his ruling said this is wrong for LASTMA to do, that it’s only the court that impose fines and punish traffic offenders.
Aliyu, a lawyer, filed the suit to contest the N20,000 fine imposed on him by LASTMA for an alleged traffic offence, and another N10,000 towage fine which he was forced to pay by the traffic enforcement agency.
Apart from LASTMA those joined in the suit includes, the Lagos State government and the Attorney General of the state.
The judge resolved the three prayers in favour of the applicant, sitting Sections 34, 36 and 41 of the 1999 Constitution (as amended), among others for his decision.
On issue one regarding the question of whether the obstruction, towage, seizure and impoundment of the applicant’s car with Registration No. AGL 93 DW on the 23rd November 2021 by LASTMA was unlawful, the court ruled that from the available evidence, the respondents failed to establish any fact to justify their action and that there was no part of the Lagos State Traffic Management Law (2018) that permits the derogation of the applicant’s right to freedom of movement.
Justice Oresanya ruled: “Public Authorities and Bodies cannot act in a manner that is inconsistent and incompatible with the fundamental rights of citizens as guaranteed by the Constitution of the Federal Republic of Nigeria, which is the grundnorm;
“Even in the jurisdiction where parliamentary laws/statutes are supreme, such as the United Kingdom, public bodies must not act in a manner that is incompatible with the convention rights of citizens as embodied in the European Convention on Human Rights (ECHR) which has now been incorporated into the Human Rights Act 1998, the African Charter on Human and Peoples Right being an equivalent of the ECHR and which has now being codified into the African Charter on Human and Peoples’ Right (Ratification and Enforcement) Act, 2004 being the equivalence law.”
On the second issue regarding the fine and towing fee imposed on the applicant, the court said a careful perusal of Section 27 (1) b, c, d and e of Traffic Management Law relied upon by the respondents revealed that LASTMA cannot impose fine without arraigning an alleged traffic offender in court, adding that it amounted to ignoring fair hearing and being a judge in one’s case.
The court warned LASTMA against the habit of forcibly towing vehicles of alleged traffic offenders, describing it as the height of oppression.
Oresanya said: “I must add that it is strange and bizarre that the 1st Respondent (LASTMA) towed a serviceable vehicle in good working condition and thereby caused damage to the vehicle in the process when it has not been established that the Applicant resisted the arrest of his vehicle, only for the 1st Respondent to subsequently impose a fine on the Applicant for a service not solicited by the Applicant. To my mind, this is the height of oppression and impunity and it is condemnable.
The Main Judgement
“On the whole, I give judgment for the Applicant in the following terms; I make a declaration that the obstruction, towage, seizure, and impoundment of the Applicant’s car with Registration NO. AGL 93 DW on the 23rd November 2021 by the Respondents is unlawful, illegal, and unconstitutional as same amounted to gross violation of the Applicant’s fundamental right to freedom of movement enshrined in Section 41 of the Constitution of the Federal Republic of Nigeria, 1999 (band amended).
“I make a declaration that the imposition and enforcement of LASTMA fine in the sum of N20,000 and LASTMA Towing fine in the sum of N10,000 on the Applicant without an order of a court of competent jurisdiction is unlawful, Illegal and is null and void and the said fines should be paid back by the Respondents to the Applicant.
“The sum of N750,000 compensatory damages is awarded against the Respondents for the violation of the Applicant’s fundamental rights. This is the Judgment of the Court,” the judge ruled.
Meanwhile, the magazine learned that the state government is planning to appeal the judgment.
But those watching the matter carefully insist that the government must obey the judgment until an appellate court gives a contrary judgment.
