JUSTICE
Okon Abang of the Federal High Court in Lagos has ruled that the Lagos
State Traffic Management Authority (LASTMA) lacks the power to impose
fine on traffic offenders in the state.
In a judgment he delivered on a suit filed by one Jonathan Odutola against LASTMA, Justice Abang said sections 9, 11, 12 and 13 of the law establishing the agency “is unconstitutional and of no effect.”
The judge not only awarded the sum of N500,000 against LASTMA, but stated that the four sections of its law were contrary to Section 36 of the Nigerian Constitution, which gives the right of fair hearing to every citizen.
He held that while LASTMA has the power to arrest traffic offenders, it cannot impose fine on them.
According to him, “it is only a court of law that has the power to impose fine on anybody who contravenes the law.”
The judge submitted that the imposition of fine on any traffic offender by LASTMA amounted to being a judge in its own cause.
“Section 9, 11, 12, and 13 of the law establishing LASTMA is unconstitutional. It is against the spirit of the Section 36 of the Constitution, which gives right of fair hearing to every Nigerian. Moreover, that would amount to being a judge in your own cause,” Abang ruled.
Odutola had through his lawyer, King Ola Wilson, dragged LASTMA to court for unlawfully impounding his car and imposing an illegal fine on him.
In the suit, he stated that last March, while driving his car on the Third Mainland Bridge, it suddenly developed a mechanical problem, adding that to ensure that the vehicle did not obstruct free flow of traffic, he hired a towing van to move it out of the road.
Odutola stated that he called his mechanic to repair the vehicle, who arrived at the scene but some policemen patrolling the bridge stopped him from working on the car.
When he insisted, Odutola and the mechanic were beaten and harassed.
The policemen then called LASTMA officials at Sura, Lagos Island, who towed the car to their office and slammed a fine on him.
Guardian
In a judgment he delivered on a suit filed by one Jonathan Odutola against LASTMA, Justice Abang said sections 9, 11, 12 and 13 of the law establishing the agency “is unconstitutional and of no effect.”
The judge not only awarded the sum of N500,000 against LASTMA, but stated that the four sections of its law were contrary to Section 36 of the Nigerian Constitution, which gives the right of fair hearing to every citizen.
He held that while LASTMA has the power to arrest traffic offenders, it cannot impose fine on them.
According to him, “it is only a court of law that has the power to impose fine on anybody who contravenes the law.”
The judge submitted that the imposition of fine on any traffic offender by LASTMA amounted to being a judge in its own cause.
“Section 9, 11, 12, and 13 of the law establishing LASTMA is unconstitutional. It is against the spirit of the Section 36 of the Constitution, which gives right of fair hearing to every Nigerian. Moreover, that would amount to being a judge in your own cause,” Abang ruled.
Odutola had through his lawyer, King Ola Wilson, dragged LASTMA to court for unlawfully impounding his car and imposing an illegal fine on him.
In the suit, he stated that last March, while driving his car on the Third Mainland Bridge, it suddenly developed a mechanical problem, adding that to ensure that the vehicle did not obstruct free flow of traffic, he hired a towing van to move it out of the road.
Odutola stated that he called his mechanic to repair the vehicle, who arrived at the scene but some policemen patrolling the bridge stopped him from working on the car.
When he insisted, Odutola and the mechanic were beaten and harassed.
The policemen then called LASTMA officials at Sura, Lagos Island, who towed the car to their office and slammed a fine on him.
Guardian
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