Appeal Court Declares Imposition Of Fine By LASTMA Illegal – TheNigerialawyer

The Court of Appeal sitting in Lagos has ruled that the
imposition of fines by the Lagos State Traffic Management Authority
(LASTMA) is illegal.

The appeal court held that imposition of penalties by the LASTMA
ultra vires its power, especially where no platform was established
to observe the principles of natural justice.

The court declared this while ruling on the appeal filed by
LASTMA over judgment delivered by the Federal High Court on
September 16, 2011, in the suit no FHC/L/CS/653/2011 wherein it was
held that it breached the right of the respondent in the suit.

LASTMA had appealed the judgment delivered by Justice Okon Abang
wherein the court declared that the unlawful assault and illegal
arrest, seizure and continuous detention of applicant’s Pick-up van
with registration number BE 736 KSF by the respondent on March 18,
2011 was a breach of the applicant’s fundamental right to human
dignity as guaranteed by Section 34 of the 1999 Constitution.

The applicant, Mr. Jonathan Odutola had filed the suit against
LASTMA over the alleged unlawful detention of his Pick up Van, and
the court awarded N500.000 as damages against it (LASTMA ) and
ordered issuance of public apology.

Delivering the lead judgment by Justice Jamilu Yammama Tukur
which was adopted by Justice Biobele Abraham Georgewill and Justice
Abimbola Osarugue Obaseki-Adejumo, the court held that “by the
provisions of section 1 (1) and (3) of the 1999 Constitution of the
Federal Republic of Nigeria, the constitution is supreme and its
provisions are binding on all authorities and persons in
Nigeria.

“Therefore, if any law is inconsistent with any provisions of
the constitution, the constitution shall prevail and other law
shall to the extent of that inconsistency be void.” The court cited
Nosdra v.Exxonnmobil (2018) LPELR -44210 (CA), pp 5-9 para E-C.

Also, the court held that the imposition of a fine by the
appellant, it (LASTMA) acted in a judicial capacity which they are
not imbued with under the constitution.

“The appellant constituted itself into a court with judicial or
quasi-judicial powers, when ìn fact the law that created it did not
donate such jurisdiction to it.
By doing so, the appellant became a judge in its own cause, the
complainant as well the judge, contrary to the maxim ‘nemo judex in
causa sua’. The court will not allow any authority to act ultra
vires its power under the constitution.

“There is, therefore, a lacuna in that law creating the
appellant. In view of the fact that the main crux of the
respondent’s grievance bothers on the imposition of fine/penalty on
it, I hold that there is no merit in this appeal whatsoever. I find
the appeal as lacking in merit as same is hereby dismissed,” the
court held.