Sponsored
Judiciary

Court Declares LASTMA’s Imposing Of Fines Unlawful Over Seizure Of Vehicles

Sponsored
Sponsored

MICHAEL AKINOLA

 

A Lagos State Transport Management Authority’s enforcement action has been declared unlawful by the Lagos State High Court.
P.M.EXPRESS reports that the Court  ruled that the agency violated the fundamental rights of a Lagos-based lawyer, Lawal Aliyu, by towing his vehicle and imposing fines without a valid court order.
Delivering judgment on the fundamental rights suit filed by the lawyer, Justice Olalekan Oresanya held that LASTMA acted outside the law by seizing and impounding the lawyer’s car and subsequently fining him without first arraigning him before a competent court.
The judge emphasised that such actions contravened constitutional guarantees and due process.
The suit, filed by Aliyu against the Lagos State Government, LASTMA and the State Attorney General, challenged the legality of the agency’s actions, including a N20,000 traffic fine and an additional N10,000 towing fee imposed after his vehicle was taken on November 23, 2021.
In his ruling, Justice Oresanya stressed that public authorities must operate within the bounds of the law and respect citizens’ fundamental rights as enshrined in the Constitution. He noted that there was no evidence before the court justifying the seizure of the vehicle, nor any provision in the Lagos State Traffic Management Law (2018) permitting such infringement on the right to freedom of movement.
On the issue of fines, the court found that LASTMA lacked the authority to impose penalties without first charging the alleged offender before a court, describing the practice as a breach of the right to fair hearing and an assumption of judicial powers.
The judge also criticised the agency’s conduct in towing a functional vehicle, describing the act as “oppressive and condemnable,” particularly as there was no indication that the applicant resisted enforcement.
Having resolved all issues in favour of the applicant, the court declared the towing, seizure and impoundment of the vehicle unconstitutional and nullified the fines imposed. It further ordered that the sums collected be refunded to the lawyer.
Additionally, the court awarded N750,000 in damages against the respondents for the violation of Aliyu’s fundamental rights.
Sponsored
Alinnor Arinze

Recent Posts

Buruj Academy Duo Raheem & Fawas Set For Italy, UK, Netherlands Tour

Golden Eaglets stars, Raheem Moyinoluwa Salaudeen and Fawas Ayomide Adeleke, are set to resume preparations…

17 minutes ago

BOI & NBCC Sign MoU To Deepen Bilateral Trade, Industrial Growth And Investment

The Bank of Industry (BoI), Nigeria's foremost Development Finance Institution (DFI), has signed a landmark…

45 minutes ago

United Nigeria Airlines’ Unity Rewards, Boulevard Hotels Partner To Offer 25% Discount & Flexible Check-In

United Nigeria Airlines has announced a new partnership between its loyalty programme, Unity Rewards and…

2 hours ago

2027: Yoruba Leader Urges Tinubu to Pick Hausa/Fulani Running Mate, Zone Senate Presidency to South-East

A prominent Yoruba leader and public affairs commentator, Dr. Oyedele Oyewumi, has called on President…

3 hours ago

Renewed Hope Arrives Oyo With N1.37tn Roads Projects (4)

BY FEMI AREMU  The approval of eight major federal road projects worth a combined N1.1375…

5 hours ago

ONC Congratulates Prof. Princewill R. Chike On Emergence As 10th Vice-Chancellor Of University Of Port Harcourt

Notable Niger Delta socio-cultural group, the Orashi National Congress (ONC), has congratulated Professor Princewill R.…

5 hours ago
Sponsored