He gave the declaration while delivering judgment in the suit filed by one Jonathan Odutola against the agency.
The judge also held that sections 9, 11, 12 and 13 of the law establishing LASTMA were unconstitutional and of no effect.
Justice Abang, while awarding the sum of N500,000 against LASTMA, stated that the four sections of the agency’s law were contrary to section 36 of the constitution, which gives the right of fair hearing to every Nigerian.
He held that while LASTMA had the power to arrest traffic offenders, it did not have the powers to impose fines on them, adding that instead, it was a court of law that had the power to impose a fine on anybody who contravenes the law.
The judge stated that the imposition of a fine on any traffic offender by LASTMA amounted to being a judge in its own cause.
According to him, “sections 9, 11, 12, and 13 of the law establishing LASTMA are unconstitutional. They are against the spirit of section 36 of the constitution, which gives right of fair hearing to every Nigerian. Moreover, that would amount to being a judge in your own cause.”
Odutola, through his lawyer, King Ola Wilson, had sued LASTMA for unlawfully impounding his car, imposing and slamming an illegal fine on him.
In the suit, he stated that sometime in March, while driving his car on the Third Mainland Bridge, it suddenly developed some mechanical problems.
According to him, in order to ensure that the car did not obstruct free flow of traffic, he immediately called a towing van which towed the vehicle completely out of the road.
He said he also paid the towing van operator some money for the service rendered.
Odutola added that he later on called his mechanics to come and rescue him and the vehicle, adding that as soon as the mechanics arrived, some policemen patrolling the bridge, who apparently wanted him to give them money, did not allow them to work on the car.
When he insisted, Odutola said he and the mechanics were thoroughly beaten and harassed.
The policemen then called LASTMA officials at Sura, Lagos Island, who immediately came and towed the applicant’s car to their office and consequently slammed a fine on him.
For me, this is a good one!
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