A Lagos State Transport Management Authority enforcement action has been declared unlawful by the Lagos State High Court, which ruled that the agency violated the fundamental rights of a Lagos-based lawyer, Lawal Aliyu, by towing his vehicle and imposing fines without a valid court order.
Delivering judgment on the fundamental rights suit filed by the lawyer, Justice Olalekan Oresanya held that LASTMA acted outside the law by seizing and impounding the lawyer’s car and subsequently fining him without first arraigning him before a competent court. The judge emphasised that such actions contravene constitutional guarantees and due process.
The suit, filed by Aliyu against the Lagos State Government, LASTMA and the state Attorney General, challenged the legality of the agency’s actions, including a N20,000 traffic fine and an additional N10,000 towing fee imposed after his vehicle was taken on November 23, 2021.
In his ruling, Justice Oresanya stressed that public authorities must operate within the bounds of the law and respect citizens’ fundamental rights as enshrined in the Constitution. He noted that there was no evidence before the court justifying the seizure of the vehicle, nor any provision in the Lagos State Traffic Management Law (2018) permitting such infringement on the right to freedom of movement.
On the issue of fines, the court found that LASTMA lacked the authority to impose penalties without first charging the alleged offender before a court, describing the practice as a breach of the right to fair hearing and an assumption of judicial powers.
The judge also criticised the agency’s conduct in towing a functional vehicle, describing the act as “oppressive and condemnable,” particularly as there was no indication that the applicant resisted enforcement.
Having resolved all issues in favour of the applicant, the court declared the towing, seizure and impoundment of the vehicle unconstitutional and nullified the fines imposed. It further ordered that the sums collected be refunded to the lawyer.
Additionally, the court awarded N750,000 in damages against the respondents for the violation of Aliyu’s fundamental rights.
