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

How Osorun Kayode Odunaro Turned Wife’s 60th Birthday To Campaign Ground For Senator Yayi

Veteran journalist, Chief Kayode Odunaro, on Sunday turned his wife's 60th birthday celebration into a…

4 hours ago

Nigeria@66: BATKOHRRECT Takes Tinubu-Inspired Book On Lagos Streets Legend To Schools

In commemoration of Nigeria’s 66th Independence Anniversary, BATKOHRRECT, a socio-political group comprising an eclectic mix…

7 hours ago

For History, For Fact, For Conscience: The APGA Peter Obi Killed

— MAZI EJIMOFOR OPARA  There was an APGA vision that was dead for 7 years…

7 hours ago

Nigeria’s Data Consumption Surges 47% as NCC Forum Pushes $-Scale Digital Infrastructure Investment

Nigeria’s data consumption surged by almost 47 per cent in 12 months to 1.6 million…

8 hours ago

Amaechi, A Loafer Outside Public Office, Says APC

The All Progressives Congress (APC) has described former Rivers State Governor and Vice Presidential candidate…

9 hours ago

ACAMB Celebrates 30 Years of Shaping Narratives, Building Trust At Anniversary Gala Night

Association of Corporate Communication and Marketing Professionals in Banks (ACAMB) has marked 30 years of…

9 hours ago
Sponsored