The Delta State High Court sitting in Warri has declared the power of the Delta State Traffic Management Authority (DESTMA) to arrest motorists, confiscate vehicle number plates and impose fines as illegal, unconstitutional and null and void.
In a landmark judgment delivered on Thursday, Justice Ejiro Emudainowho held that the relevant provisions of the Delta State Traffic Management Authority Law, 2013, which empower DESTMA to impose penalties on traffic offenders, are inconsistent with the 1999 Constitution.
The ruling was given in Suit No: W/348/2016 – Chuks Christian Ofili v. Attorney-General of Delta State & DESTMA.
Justice Emudainowho specifically struck down Section 18(1) of the DESTMA Law, declaring that it “violently conflicts” with Sections 6(2), 6(5)(a) and 272(1) of the Constitution, which vest judicial powers exclusively in the courts.
The court held that DESTMA and its officials lack the legal authority to impose fines, penalties or sanctions on motorists, stressing that only a court of competent jurisdiction can determine guilt and prescribe punishment.
In the suit, the claimant, Chuks Christian Ofili, had challenged the seizure of his vehicle plate number, BB 951 AKD, and the imposition of a N30,000 fine by DESTMA officials without being charged or convicted by a court.
Upholding the claimant’s arguments, the court ruled that the confiscation of the plate number and the imposition of the fine amounted to a flagrant 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 also set aside the purported “Notification of New Traffic Offences and Penalties” issued to the claimant and ordered the immediate refund of the N30,000 paid as a condition for the release of his plate number.
In addition, the court awarded N500,000 as legal costs and N300,000 as damages in favour of the claimant, with 10 per cent interest per annum on the judgment sum.
Reacting to the judgment, counsel to the claimant, Olukunle Ogheneovo Edun SAN, described the ruling as a victory for constitutionalism and the rule of law, noting that traffic agencies must operate strictly within legal boundaries.
