Delta court bars DESTMA from arrests, fines

The Delta State High Court in Warri has ruled that the Delta State Traffic Management Authority (DESTMA) has no legal power to arrest motorists, confiscate vehicle number plates, or demand fines.

Delivering judgment, Justice Ejiro Emudainowho declared that the enforcement practices carried out by DESTMA are unlawful and inconsistent with the provisions of the Nigerian Constitution.

The court stated that DESTMA operatives are not legally empowered to punish traffic offenders, stressing that arresting motorists, seizing plates, or imposing fines amounts to an unlawful takeover of judicial functions.

The decision stemmed from a suit marked W/348/2016, filed by Chuks Christian Ofili against the Attorney-General of Delta State and DESTMA.

According to the court, parts of the Delta State Traffic Management Authority Law of 2013 clash with the 1999 Constitution, particularly provisions that allow DESTMA to determine offences and penalties.

Justice Emudainowho invalidated Section 18(1) of the law, describing it as incompatible with constitutional sections that reserve judicial authority solely for the courts.

The judge maintained that no government agency operating under the executive arm has the power to decide guilt or administer punishment without a court process.

The lawsuit arose after DESTMA officials seized Ofili’s vehicle number plate, BB 951 AKD, and compelled him to pay a ₦30,000 fine without charging him before any court.

The court found that this action breached Ofili’s fundamental rights, including his right to fair hearing and freedom of movement.

The judge further set aside the traffic offence notice issued to the claimant and ordered DESTMA to refund the ₦30,000 collected from him.

In addition, the court awarded ₦500,000 as cost of litigation and ₦300,000 as damages in favour of the claimant, both attracting interest at 10 per cent per annum.

Reacting to the ruling, the claimant’s lawyer, Olukunle Ogheneovo Edun, SAN, described the judgment as a strong affirmation of constitutional supremacy.

He cautioned traffic enforcement agencies in the state to operate strictly within the law or risk legal consequences.

The judgment is expected to significantly alter how traffic control and enforcement are carried out across Delta State.