An Ikeja High court has ruled as illegal for Lagos State Traffic Management Authority (LASTMA), to fine or tow vehicles of traffic offenders without a court order.
WHAT WE KNOW
If the ruling of an Ikeja is anything to go by, the Lagos State Traffic Management Authority (LASTMA), can no longer impose fines or forcefully tow vehicles of traffic offenders without an order of court.
The ruling was given by Justice Olalekan Oresanya as he delivered judgement in a suit brought before it by Lawal Aliyu a legal practitioner against LASTMA, the Lagos State Government and Lagos State Attorney General.
Lawal Aliyu brought the suit before the court, challenging a N20,000 fine for a traffic offence and another N10,000 as towage fine imposed on him by LASTMA.
Justice Oresanya who narrowed the prayer before him to 3, ruled that public authorities and bodies ought to behave in manners consistent and compatible with citizens fundamental rights.
Justice Oresanya, relying on Sections 34, 36 and 41 of the Nigerian 1999 constitution, ruled all in favour of the plaintiff, Lawal Aliyu.
Ruling on the question of obstruction, towage, seizure and impoundment of the applicant’s car, by the Lagos State traffic agency, the judge held that it was unlawful for LASMA to have town the Plaintiff`s vehicle.
The court also held that there was no justifiable reason for the actions of the Lagos agency. The Judge also held that the 2018 Lagos State Traffic Management Authority did not permit LASTMA any derogation of the applicant’s right.
On the imposition of fines, the trial Judge, held that LASTMA could not impose any fine without first, arraigning an offender in court, as anything short of that denies the accused the right to fair hearing and LASTMA being a judge in it’s own case.
Justice Oresanya also condemned LASTMA for forceful towing of vehicles of alleged traffic offenders, referring to such as the height of oppression.
The Judge also held that having resolved count one and two in favour of the plaintiff, he is therefore entitled to damages for the breach of his fundamental rights. Justice Oresanya therefore awarded the sum of N750,000 as damages to Mr. Lawal Aliyu.
NOTABLE QUOTES
Justice Olalekan Oresanya in his ruling stated that:
“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.
“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 and rights of citizens as embodied in the European Convention on Human Rights 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.”
“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.”
“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 (as 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,” the court held.
BACKGROUND
The Lagos State Traffic Management Authority was established by the Government of Babatunde Raji Fashola as a means of controlling the chaotic traffic situation Lagos is noted for.
Though LASTMA has done fairly well in traffic management, however, incidents of abuse and high handedness continues to dog the agency.
COMMENTARY
Many Lagosians will no doubt feel some great sense of relief and gratitude to Justice Olalekan Oresanya for this ruling and to Lawal Aliyu for daring to drag LASTMA before the court of law.
The usefulness of LASTMA in tragic management in Lagos is not in doubt. However, the question of human rights is not one that should be sacrificed on the altar of free flow of traffic.
Human right abuse and LASTMA, just like many other government agencies, is a sad reminder to all of us in general and those in government in particular of the need to train and retrain government personnel that interact with the public on the need to respect the right and dignity of citizens for whom their action should benefit and not be detrimental to.
It is commendable that Lawal Aliyu could endure the underlying challenge in the course of finding justice or the enforcement of human rights in court like Nigeria, where the wheel justice does only grind slowly, but surely at a high cost.
This is one case that is capable of making the difference if other victims of LASMA can take a cue from it. The plaintiff in the case, Lawal Aliyu is a lawyer, which perhaps explains why he was able to even bring the case before the court in the first place.
It is important to point that out because there are many other Lagosians who have suffered similar or even worse fate in the hands of LASMA and other state agencies, but felt powerless to seek justice.
