Niger Delta
Court Declares DESTMA Activities Unconstitutional
The Delta State High Court sitting in Warri has declared the power of the Delta State Traffic Management Authority (DESTMA) to arrest traffic offenders and impose fines as illegal and unconstitutional.
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 struck down Section 18(1) of the Delta State Traffic Management Authority Law, 2013, holding that it conflicts with the 1999 Constitution (as amended).
The court held that DESTMA and its officials lacked the legal authority to impose fines, penalties or sanctions, or to confiscate vehicle number plates without first charging and securing a conviction before a competent court.
Justice Emudainowho ruled that the seizure of the claimant’s number plate and the imposition of a N30,000 fine without trial amounted to a “flagrant violation” of the claimant’s right to fair hearing and freedom of movement under Sections 36(1) and 41(1) of the constitution.
Among other reliefs, the court set aside the “Notification of New Traffic Offences and Penalties” issued against the claimant, ordered the refund of N30,000 paid for the release of the number plate, awarded N500,000 as legal costs and N300,000 as damages, with 10 percent interest per annum.
Reacting to the judgment, the claimant’s counsel, Olukunle Ogheneovo Edun, said the ruling affirms constitutional supremacy.
“The court was clear that only a competent court of law can impose penalties. Administrative agencies cannot assume judicial powers”, he said.