By Rita Enemuru, Reporting
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 for traffic offences illegal, unconstitutional and null and void.
The ruling was delivered on Friday by Hon. Justice Ejiro Emudainowho in Suit No. W/348/2016: Chuks Christian Ofili v. The Attorney-General of Delta State & Delta State Traffic Management Authority.
In a landmark judgement, the court held that Section 18(1) of the Delta State Traffic Management Authority Law, 2013, which empowers DESTMA officials to impose fines and sanctions on traffic offenders, is inconsistent with the 1999 Constitution of the Federal Republic of Nigeria (as amended).
Justice Emudainowho declared that the said provision “violently conflicts” with Sections 6(2), 6(5)(a) and 272(1) of the Constitution, which vest judicial powers exclusively in the courts.
Reacting to the judgement, counsel to the claimant, Mr Olukunle Ogheneovo Edun, said the court found that DESTMA and its officials lack the legal authority to impose fines, penalties or sanctions on motorists without recourse to a competent court of law.
“The court was emphatic that the defendants, their agents or officials have no power whatsoever to impose fines or penalties on any person alleged to have violated the DESTMA law,” Edun said.
The court also ruled that DESTMA acted ultra vires in confiscating the claimant’s vehicle number plate, registered as BB 951 AKD, and in imposing a fine of N30,000 without first charging and securing a conviction against him in court.
According to the judgement, the seizure of the claimant’s number plate and the imposition of a fine without due process amounted to a gross violation of his constitutional rights to fair hearing and freedom of movement, as guaranteed under Sections 36(1) and 41(1) of the Constitution.
Justice Emudainowho further set aside the “Notification of New Traffic Offences and Penalties” issued against the claimant and ordered the defendants to refund the N30,000 collected from him as a condition for the release of his vehicle plate number.
In addition, the court struck down Section 18(1) of the DESTMA Law in its entirety and awarded N500,000 to the claimant as legal expenses and N300,000 as damages.
The court also ordered that the judgement sum should attract interest at the rate of 10 per cent per annum.
Legal observers say the judgement could have far-reaching implications for traffic enforcement operations in Delta State and may compel a review of DESTMA’s procedures to align them with constitutional provisions.
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