A Lagos State High Court sitting in Ikeja has issued a N750,000 penalty against the state government for violating the fundamental human rights of a legal practitioner, Lawal Aliyu, following unlawful towing of his vehicle and imposed fines by Lagos State Traffic Management Authority (LASTMA).
The lawyer sued the Lagos State Government to court to challenge the N20,000 fine imposed on him by LASTMA for an alleged traffic offence, and another N10,000 towage fine which he was forced to pay by the traffic management agency.
The court said that it was unconstitutional for LASTMA to impose fines and tow vehicles of alleged traffic offenders.
Court rules in Aliyu’s favour: In a judgement delivered by Justice Olalekan Oresanya on Thursday, September 22, 2022, the court ruled that imposing fines and towing vehicles of alleged traffic offenders without a court order is a violation of the constitution, The Punch reports.
Justice’s word: According to Justice Oresanya, “Public authorities and bodies cannot act in a manner that is inconsistent and incompatible with the fundamental rights of citizens as guaranteed by the Constitution of the Federal Republic of Nigeria.
“Even in the jurisdiction, where parliamentary laws/statutes are supreme, such as the United Kingdom, public bodies must not act in a manner that is incompatible with the convention and rights of citizens as embodied in the European Convention on Human Rights which has now been incorporated into the Human Rights Act 1998, the African Charter on Human and Peoples Right, being an equivalent of the ECHR, and which has now being codified into the African Charter on Human and Peoples’ Right (Ratification and Enforcement) Act, 2004 being the equivalence law.”
How it happened: The Justice pruned down the issues in the matter to three and resolved all in favour of Aliyu, relying on Sections 34, 36 and 41 of the 1999 Constitution (as amended), among others.
On issue one, which borders on whether the LASTMA acted within the law to have obstructed, towed, and impounded the applicant’s car with Registration No. AGL 93 DW on November 23, 2021, the court held that available evidence suggests that the respondents failed to establish any fact to justify their action as no part of the Lagos State Traffic Management Law (2018) permitted the derogation of the applicant’s right to freedom of movement.
Resolving the second issue regarding the fine and towing fee imposed on the applicant, the Justice referred to Section 27 (1) b, c, d and e of Traffic Management Law, which prohibits LASTMA from imposing fines without arraigning an alleged traffic offender in court, adding that it amounted to ignoring fair hearing and being a judge in one’s case.
The Justice’s ruling: “I must add that it is strange and bizarre that the 1st Respondent (LASTMA) towed a serviceable vehicle in good working condition and thereby caused damage to the vehicle in the process when it has not been established that the Applicant resisted the arrest of his vehicle, only for the 1st respondent to subsequently impose a fine on the applicant for a service not solicited by the applicant.
“To my mind, this is the height of oppression and impunity and it is condemnable.”
On issue three as to whether the applicant was entitled to compensation and damages for breach of his fundamental human rights, the court ruled that, having received favourable ruling on issues one and two, the applicant was naturally entitled to damages and compensation.
The Justice’s ruling: “On the whole, I give judgment for the applicant in the following terms; I make a declaration that the obstruction, towage, seizure, and impoundment of the applicant’s car with Registration NO. AGL 93 DW on the 23rd November 2021 by the Respondents is unlawful, illegal, and unconstitutional as same amounted to gross violation of the Applicant’s fundamental right to freedom of movement enshrined in Section 41 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“I make a declaration that the imposition and enforcement of LASTMA fine in the sum of N20,000 and LASTMA towing fine in the sum of N10,000, on the applicant without an order of a court of competent jurisdiction is unlawful, illegal and is null and void and the said fines should be paid back by the respondents to the applicant.
“The sum of N750,000 compensatory damages is awarded against the respondents for the violation of the applicant’s fundamental rights.”