The Delta State High Court sitting in Warri has ruled that the Delta State Traffic Management Authority (DESTMA) lacks the constitutional power to arrest traffic offenders, impose fines, or confiscate vehicle number plates.
In a judgment delivered on Wednesday in Suit No. W/348/2016: Chuks Christian Ofili v. Attorney-General of Delta State & Anor, Hon. Justice Ejiro Emudainowho nullified Section 18(1) of the Delta State Traffic Management Authority Law, 2013, holding that it is inconsistent with the 1999 Constitution (as amended).
The court held that DESTMA and its officials have no legal authority to impose fines, penalties, or sanctions, or to seize vehicle number plates without first charging the alleged offender before a competent court and securing a conviction.
Justice Emudainowho ruled that the seizure of the claimant’s vehicle number plate and the imposition of a N30,000 fine without trial amounted to a “flagrant violation” of the claimant’s fundamental rights to fair hearing and freedom of movement as guaranteed under Sections 36(1) and 41(1) of the Constitution.
Among other reliefs granted, the court set aside the “Notification of New Traffic Offences and Penalties” issued against the claimant, ordered the refund of the N30,000 paid for the release of the confiscated number plate, and awarded N500,000 as legal costs and N300,000 as damages, with interest at 10 per cent per annum.
Reacting to the judgment, counsel to the claimant, Olukunle Ogheneovo Edun, Esq., described the ruling as a reaffirmation of the supremacy of the Constitution.
“The court was clear that only a competent court of law can impose penalties. Administrative agencies cannot assume judicial powers,” he said.
