Court rules against DESTMA over power to arrest

Post created on 12:22 pm

A Delta State High Court sitting in Warri has ruled against the Delta State Traffic Management Authority (DESTMA), declaring its powers to arrest motorists, confiscate vehicle number plates and impose fines as illegal, unconstitutional, and void.

The court held that no executive agency has the authority to determine guilt, impose fines or punish citizens outside a court of law. It further ruled that DESTMA officials lack the legal powers to arrest motorists, seize number plates or impose penalties, describing such actions as an unlawful takeover of judicial functions.

Reacting to the judgement, former Chairman of the Nigerian Bar Association (NBA), Warri Branch, Chief Emmanuel Uti, told Crown FM, that the Certified True Copy (CTC) of the judgement would soon be made available to the public. He noted that, based on the ruling, DESTMA officers are no longer permitted to impose fines, confiscate vehicle number plates or punish traffic offenders by issuing payment receipts.

In upholding the claimant’s case, the court ruled that DESTMA’s actions violated the claimant’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 “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.