Landmark Judgment: Court Stops DESTMA, Strips Agency Of Arrest, Fine powersÂ
*As judge ordered immediate refund of N30,000 collected, awarded N500,000 as legal costs
**N300,000 as damages, with interest rate of 10 per cent per annum
A Delta State High Court sitting in Warri has delivered a sweeping legal blow to the Delta State Traffic Management Authority (DESTMA), declaring its powers to arrest motorists, confiscate vehicle number plates and impose fines as illegal, unconstitutional and null and void.
In a landmark judgment delivered on Thursday January Justice Ejiro Emudainowho ruled that key provisions of the Delta State Traffic Management Authority Law, 2013, which empowered DESTMA to punish traffic offenders, directly conflict with the 1999 Constitution of the Federal Republic of Nigeria.
The ruling arose from Suit No: W/348/2016, Chuks Christian Ofili v. Attorney-General of Delta State & DESTMA.
In his decision, Justice Emudainowho struck down Section 18(1) of the DESTMA Law, holding that it “violently conflicts” with Sections 6(2), 6(5)(a) and 272(1) of the Constitution, which vest judicial powers exclusively in the courts.
The court stressed that no executive agency has the authority to determine guilt, impose fines or administer punishment outside a court of law.
The judge further held that DESTMA officials lack the legal competence to arrest motorists, impose penalties or seize vehicle number plates, describing such actions as a clear usurpation of judicial powers.
The case was instituted by Chuks Christian Ofili, who challenged the seizure of his vehicle plate number, BB 951 AKD, and the imposition of a N30,000 fine by DESTMA officials without any court charge or conviction.
Upholding the claimant’s arguments, the court ruled that the actions of DESTMA amounted to a flagrant violation of Ofili’s constitutional rights to fair hearing and freedom of movement as guaranteed under Sections 36(1) and 41(1) of the Constitution.
Justice Emudainowho also nullified the so-called “Notification of New Traffic Offences and Penalties” issued to the claimant, ordered the immediate refund of the N30,000 collected, and awarded N500,000 as legal costs and N300,000 as damages, with an interest rate of 10 per cent per annum.
Reacting to the judgment, counsel to the claimant, Olukunle Ogheneovo Edun, SAN, described the ruling as a decisive victory for constitutionalism and the rule of law, warning that traffic agencies must operate strictly within the limits prescribed by law.
The judgment is expected to have far-reaching implications for traffic enforcement and administrative sanctions in Delta State.
