A Lagos State High Court in Ikeja has ruled that the imposition of fines and forceful towing of vehicles belonging to alleged traffic offenders, by officials of Lagos State Traffic Management Authority, LASTMA without a court order is unconstitutional and illegal.
It would be recalled that in 2019, the Court of Appeal sitting in Lagos had also ruled that the imposition of fines by the Lagos State Traffic Management Authority (LASTMA) is illegal but the Agency apparently ignored the ruling.
The appeal court held that imposition of penalties by the LASTMA ultra vires its power, especially where no platform was established to observe the principles of natural justice.
In the instant case, Justice Olalekan Oresanya made the declaration while delivering judgment in a suit filed by a legal practitioner, Lawal Aliyu against LASTMA, the Lagos State Government, and the state’s Attorney General.
Aliyu had filed the suit to challenge 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.
Justice Oresanya held 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.”
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Justice Oresanya narrowed down the issues in the matter to three and resolved all in favour of the applicant (Aliyu), relying on Sections 34, 36, and 41 of the 1999 Constitution (as amended), among others.
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 November 23, 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 permitted the derogation of the applicant’s right to freedom of movement.
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 could not 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 knocked LASTMA for the practice of forcefully towing vehicles of alleged traffic offenders, saying it was the height of oppression.
The judge held, “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 issue three as to whether the applicant was entitled to compensation and damages for breach of his fundamental rights, the court said having resolved issues one and two in favour of the applicant, it followed that the applicant was naturally entitled to damages in compensation.
“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.
The Court of Appeal ruling in 2019
The Court of Appeal sitting in Lagos in 2019 ruled that the imposition of fines by the Lagos State Traffic Management Authority (LASTMA) is illegal.
The appeal court held that imposition of penalties by the LASTMA ultra vires its power, especially where no platform was established to observe the principles of natural justice.
The court declared this while ruling on the appeal filed by LASTMA over judgment delivered by the Federal High Court on September 16, 2011, in the suit no FHC/L/CS/653/2011 wherein it was held that it breached the right of the respondent in the suit.
LASTMA had appealed the judgment delivered by Justice Okon Abang wherein the court declared that the unlawful assault and illegal arrest, seizure and continuous detention of applicant’s Pick-up van with registration number BE 736 KSF by the respondent on March 18, 2011 was a breach of the applicant’s fundamental right to human dignity as guaranteed by Section 34 of the 1999 Constitution.
The applicant, Mr. Jonathan Odutola had filed the suit against LASTMA over the alleged unlawful detention of his Pick up Van, and the court awarded N500.000 as damages against it (LASTMA ) and ordered issuance of public apology.
Delivering the lead judgment by Justice Jamilu Yammama Tukur which was adopted by Justice Biobele Abraham Georgewill and Justice Abimbola Osarugue Obaseki-Adejumo, the court held that “by the provisions of section 1 (1) and (3) of the 1999 Constitution of the Federal Republic of Nigeria, the constitution is supreme and its provisions are binding on all authorities and persons in Nigeria.
“Therefore, if any law is inconsistent with any provisions of the constitution, the constitution shall prevail and other law shall to the extent of that inconsistency be void.” The court cited Nosdra v.Exxonnmobil (2018) LPELR -44210 (CA), pp 5-9 para E-C.
Also, the court held that the imposition of a fine by the appellant, it (LASTMA) acted in a judicial capacity which they are not imbued with under the constitution.
“The appellant constituted itself into a court with judicial or quasi-judicial powers, when ìn fact the law that created it did not donate such jurisdiction to it.
By doing so, the appellant became a judge in its own cause, the complainant as well the judge, contrary to the maxim ‘nemo judex in causa sua’. The court will not allow any authority to act ultra vires its power under the constitution.
“There is, therefore, a lacuna in that law creating the appellant. In view of the fact that the main crux of the respondent’s grievance bothers on the imposition of fine/penalty on it, I hold that there is no merit in this appeal whatsoever. I find the appeal as lacking in merit as same is hereby dismissed,” the court held.
Vanguard / The Guardian
