In a landmark ruling that may reshape traffic law enforcement in Delta State, the High Court sitting in Warri has clipped the wings of the Delta State Traffic Management Authority (DESTMA), declaring its powers to arrest motorists, seize vehicle number plates and impose fines as illegal and unconstitutional.
Delivering judgment in suit No: W/348/2016 — Chuks Christian Ofili v. Attorney-General of Delta State & DESTMA, Justice Ejiro Emudainowho held that key provisions of the Delta State Traffic Management Authority Law, 2013 run foul of the 1999 Constitution.
The court ruled that Section 18(1) of the DESTMA law “violently conflicts” with Sections 6(2), 6(5)(a) and 272(1) of the constitution, which vest judicial powers solely in the courts.
Justice Emudainowho ruled that no executive agency can assume the role of judge by determining guilt, imposing punishment or collecting fines without judicial process.
The case, filed by Mr. Chuks Christian Ofili, arose after DESTMA officials allegedly seized his vehicle plate number, BB 951 AKD, and imposed a N30,000 fine without due process.
The claimant argued that the agency’s actions breached his fundamental rights guaranteed under Sections 36(1) and 41(1) of the constitution.
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Upholding Ofili’s position, Justice Emudainowho declared DESTMA’s actions null, void and unconstitutional, describing them as a “usurpation of judicial powers.”
He ordered the immediate refund of the N30,000 fine, awarded N500,000 as legal costs, N300,000 as damages, with 10 percent yearly interest until payment is made.
The judge also nullified the notification of new traffic offences and penalties served on the claimant.
Reacting to the verdict, Olukunle Ogheneovo Edun (SAN), counsel to the claimant, hailed the judgment as “a resounding victory for the rule of law and constitutional order.”
He cautioned traffic agencies in the state against operating beyond their lawful boundaries.
