LASTMA: Court declares imposition of fine by agency as illegal

LASTMA: Court declares imposition of fine by agency as illegal

- The Court of Appeal has declared the fine imposed by the Lagos State Traffic Management Authority (LASTMA) on a vehicle owner as illegal

- The court said that LASTMA acted without the confines of its constitutional power

- The appellate court also said that agency constituted itself into a court with judicial or quasi-judicial powers and acted like a judge

The imposition of fine by the Lagos State Traffic Management Authority (LASTMA) has been declared illegal by the Court of Appeal sitting in Lagos.

This came as LASTMA appealed the ruling of the Federal High Court in the suit number FHC/L/CS/653/2011 in which it was ruled that the agency breached the right of a respondent, the owner of a Pick-up Van with registration number BE 736 KSF, The Guardian reports.

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The court held that by detaining the vehicle and imposing an fine on the applicant, LASTMA acted outside the confines of its constitutional power and breached his fundamental human right.

It its judgment, the court said: “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.”

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Moreover, the court held that LASTMA 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.

Meanwhile, Legit.ng reported that in a thread of tweets on Thursday, April 18, LASTMA described the report as fake, saying Olapke has debunked the news on Traffic Radio 96.1.

The tweets partly read: "Our attention has been drawn to a fake news going round media houses about a statement credited to LASTMA CEO, AIG (rtd) Chris Olakpe on statutory operations of LASTMA particularly centered on arrest of traffic offenders."

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Source: Legit.ng

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