Delta Court Says It’s Illegal, Unconstitutional For DESTMA To Arrest And Impose Fine On Traffic Violators

Hon. Justice Ejiro Emudainowho of the High Court, Warri delivered judgment today in Suit No. W/348/2016: CHUKS CHRISTIAN OFILI V. THE A.G DELTA STATE & DELTA STATE TRAFFIC MANAGEMENT AUTHORITY.

The Claimant’s counsel, Olukunle Ogheneovo Edun Esq explained that the Court entered judgment against the Defendants in the following terms:

1. A declaration that the provisions of sections 18(1) of the Delta State Traffic Management Authority Law, 2013 violently conflicts with the provisions of section 6(2), 6(5)(a) and 272(1) of the Constitution of the Federal Republic of Nigeria, and therefore unconstitutional, null and void l.

2. A declaration that the Defendants, their agents, servahts and/or officials lack the power under the law to impose fine, penalties and/or sanctions on any person that violates any provision of the Delta State Traffic Management Authority Law.

3. A declaration that the Defendants lack the vires/power to remove/confiscate the numbered plates of vehicle registeed as BB 951 AKD belonging to the Claimant.

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4. A declaration that the Defendants lack the vires/power to impose a penalty or fine of N30,000 or any sum at all on the Claimant without first bringing a charge against him and conviction by a competent court of law.

5. A declaration that the failure of the Defendants and/or their agents, servants  or officials to charge the Claimant before a competent court of law for him to be heard before the seizure of his vehicle plate number and imposition of a fine of N30,000 amounts to a flagrant violation of the Claimant’s right to fair hearing and freedom of movement under section 36(1) and 41(1) of the Constitution of the Federal Republic of Nigeria 1999, as amended.

6. An order setting aside the purported “Notification of New Traffic Offences and Penalties” issued against the Claimant.

7. An order compelling the the Defendants to return forthwith the sum of N30,000 paid by the Claimant as a condition for the release of his plate number.

8. An order striking down the provisions of section 18(1) of the Delta State Traffic Management Authority Law, 2013 on the ground of inconsistency with the provisions of sections 6(2),6(5)(a) and 272(1) of the Constitution of the Federal Republic of Nigeria, 1999 as amended.

9. The sum of N500, 000.00 as legal expenses incurred by the Claimant.

10. The sum of N300,000.00 as damages.

11. Interest of 10% on judgment sum per annum.

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