By Emmanuel Ogoigbe—-Warri
A Delta State High Court sitting in Warri has declared the powers of the Delta State Traffic Management Authority (DESTMA) to arrest motorists and impose fines illegal and unconstitutional.
Hon. Justice Ejiro Emudainowho delivered the landmark judgment on Friday in Suit No. W/348/2016: Chuks Christian Ofili v. The Attorney-General of Delta State & Delta State Traffic Management Authority.
In her ruling, the judge held that Section 18(1) of the Delta State Traffic Management Authority Law, 2013, which empowers DESTMA to impose fines and sanctions on traffic offenders, is inconsistent with the 1999 Constitution (as amended) and therefore null and void.
The court ruled that DESTMA and its officials lack the legal authority to impose fines, penalties or sanctions on any motorist without first charging the offender before a competent court of law.
Justice Emudainowho further held that the seizure of the claimant’s vehicle plate number, registered as BB 951 AKD, and the imposition of a N30,000 fine without trial amounted to a violation of his fundamental rights.
Specifically, the court declared that:
Section 18(1) of the DESTMA Law violently conflicts with Sections 6(2), 6(5)(a) and 272(1) of the Constitution and is unconstitutional.
DESTMA lacks the power to impose fines, penalties or sanctions on traffic offenders.
DESTMA has no authority to confiscate vehicle number plates.
No penalty or fine can be imposed without first charging and securing a conviction in a court of law.
The claimant’s rights to fair hearing and freedom of movement under Sections 36(1) and 41(1) of the Constitution were breached.
The court also set aside the “Notification of New Traffic Offences and Penalties” issued against the claimant and ordered DESTMA to refund the N30,000 collected from him as a condition for the release of his number plate.
In addition, the court awarded N500,000 as legal costs, N300,000 as damages, and ordered 10 per cent interest per annum on the judgment sum.
The judgment effectively strips DESTMA of the power to arrest motorists, confiscate vehicle plates, or impose fines without recourse to the courts.
