Thursday, September 22, 2011

COURT: LASTMA Can't Impose Fine


LASTMA, Lagos State Traffic Management Authority lacks the power to impose fine on traffic offenders Justice Okon Abang of the Federal High Court, Lagos has declared in his judgment.

In a suit filed by Mr. Jonathan Odutola, Justice Abang declared that sections 9, 11, 12 and 13 of the law establishing LASTMA is unconstitutional and of no effect on the grounds that it contravenes Section 36 of the Constitution, which gives the right of fair-hearing to every Nigerian.

The judge also awarded N500,000 damages against LASTMA.

According to the judge, while LASTMA has the power to arrest traffic offenders, it does not have the powers to impose fine on them, adding that instead, it is a court of law that has power to impose fine on anybody who contravenes the law.

The judge submitted that the imposition of fine on any traffic offender by LASTMA amounted to being a judge in its own cause.

Ok. The story that led to this unveiling...

Mr Jonathan Odutola whose car was impounded dragged LASTMA for 1. unlawfully impounding of his car and 2. imposing an illegal fine on him in march.

In his suit against the state agency, Odutola stated that while driving his car on Third Mainland Bridge, it suddenly developed some mechanical problems and to ensure that the car did not obstruct free flow of traffic, he immediately called a towing-van which towed the vehicle completely out of the road of which he paid towing operator for their service rendered.

To make the story worse as if the problem and embarrassment of failed car wasn't enough...

After Odutola called his mechanics to come and rescue him and the vehicle but after the mechanics arrived, some policemen patrolling the bridge who apparently wanted him to give them money refused them to work on the car and when he insisted, Odutola and the mechanics were thoroughly beaten and harassed.

The policemen then called LASTMA officials at Sura, Lagos Island, who immediately came and towed the applicant’s car to their office and consequently slammed him with a fine if he must get his car back

LASTMA please take it easy with Lagosians. The state governor is working but LASTMA seems to be working AGAINST???

Source: VanguardNG

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