Court Strips DESTMA of Power to Arrest, Fine Motorists

In a sweeping judgment that redefines traffic law enforcement in Delta State, the High Court sitting in Warri has declared the powers of the Delta State Traffic Management Authority (DESTMA) to arrest motorists, seize vehicle number plates and impose fines as illegal, unconstitutional and null and void.

Delivering the landmark ruling on Thursday, Justice Ejiro Emudainowho held that sections of the Delta State Traffic Management Authority Law, 2013, which empower DESTMA to punish traffic offenders, offend the 1999 Constitution and cannot stand.

The court ruled in Suit No: W/348/2016 ,  Chuks Christian Ofili v. Attorney-General of Delta State & DESTMA , that DESTMA’s enforcement powers amount to a usurpation of judicial authority constitutionally reserved for the courts.

Specifically, Justice Emudainowho struck down Section 18(1) of the law, declaring that it “violently conflicts” with Sections 6(2), 6(5)(a) and 272(1) of the Constitution, which vest judicial powers exclusively in courts of law.

According to the judge, neither DESTMA nor its officers have the legal competence to determine guilt, impose fines, or confiscate property, stressing that only a court of competent jurisdiction can lawfully try offences and prescribe punishment.

The case was instituted by Chuks Christian Ofili, whose vehicle number plate, BB 951 AKD, was seized by DESTMA officials and who was compelled to pay a N30,000 fine without being charged before any court.

Upholding Ofili’s claims, the court held that the seizure of his plate and the imposition of the fine without trial amounted to a gross violation of his fundamental rights to fair hearing and freedom of movement, as guaranteed under Sections 36(1) and 41(1) of the Constitution.

Justice Emudainowho consequently set aside the so-called “Notification of New Traffic Offences and Penalties” issued to the claimant, ordered the immediate refund of the N30,000, and awarded N500,000 as legal costs and N300,000 as damages, with 10 per cent interest per annum on the judgment sum.

Reacting to the decision, counsel to the claimant, Olukunle Ogheneovo Edun, SAN, hailed the ruling as a triumph for constitutionalism and the rule of law, insisting that traffic agencies must operate strictly within the limits of the Constitution and not act as judge, jury and executioner.