Note to the Lawpadi Network – September 30, 2022
For today’s newsletter we will look at the case that was reported in the news a few days ago where a citizen sued LASTMA for unlawfully fining and towing his car in Lagos – and he won!
Brief Facts
Lawal Aliyu sued LASTMA to challenge the N20,000 fine imposed on him by LASTMA for an alleged traffic offence, and another N10,000 towage fine which he was forced to pay by the traffic enforcement agency.
What the court held –
1. That Mr Aliyu had a right to freedom of movement as contained in the Constitution and this was infringed upon by LATMA when it seized and impounded his vehicle. LASTMA had failed to establish any fact to justify their action.
What does this mean in simple terms? Everyone has a right to freedom of movement guaranteed by the constitution, and that right can only be restricted when it has been justified e.g., evidence that a law has been broken which justifies this restriction. In this case, LASTMA did not establish any evidence showing that.
2. That based on Section 27 (1) b, c, d and e of Traffic Management Law, LASTMA could not impose fine without arraigning an alleged traffic offender in court, as this would be an infringement of the right to fair hearing.
What does this mean in simple terms? You cannot be fined without being given the opportunity to contest the fine in court. Any fine that does not provide you with this opportunity is a breach of your right to fair hearing.
3. That LASTMA should not forcefully tow vehicles of alleged traffic offenders – and then make them pay a fine for it.
What does this mean in simple terms? If you are arrested for an alleged traffic violation, and you are not resisting arrest, then you your car should either be driven from the scene, or if it is towed, then it should be towed at no cost to you.
4. That where it is proven that the fundamental rights of the individual have been breached, then you are entitled to compensation and damages.
What does this mean in simple terms? If you sue and win – you are entitled to compensation.
In this case, the court held that the obstruction, towage, seizure, and impoundment of the Mr Lawal’s car was unlawful, illegal, and unconstitutional; and the imposition and enforcement of LASTMA fine in the sum of N20,000 and LASTMA towing fine in the sum of N10,000, on the applicant without an order of a court of competent jurisdiction is unlawful, illegal and is null and void and the said fines should be paid back by LASTMA. The sum of N750,000 damages was also awarded against LASTMA.
Why should you care?
Well – if you drive in Lagos, you should be aware of the limits to LASTMA’s enforcement powers. If you live in other States that have similar traffic enforcement agencies, you should know that the principles decided by the courts can be applicable if such agencies try to enforce fines and punishments without the opportunity to contest it in court.
This case is not the first time someone has sued LASTMA in Lagos, and so what the court held in this case is not new at all!
In 2011 – the Federal High Court held that LASTMA did not have the power to impose fines on traffic offenders, and it awarded N500,000 to the person who sued them for unlawfully impounding his car and imposing and slamming an illegal fine on him.
In 2013 – the Federal High Court once again held that LASTMA did not have the power to impose fines on traffic offenders, and in this case, it awarded N200,000 to the person who sued them for unlawfully impounding his vehicle.
In 2019 – the Court of Appeal sitting on appeal for the 2011 Federal High Court case, confirmed the decision of that court and held that the imposition of fines by LASTMA is illegal.
What should you do if you are arrested by LASTMA?
If you are apprehended by a LASTMA official for allegedly committing a traffic offence, you have two options –
Option 1 – If you agree that you committed the offence, you can accept liability and willingly pay the fine. Do not try to bribe the official to reduce the fine for you. Bribing a public servant is a crime.
Option 2 – If you do not agree with the fine, you can dispute it, and in which case you will be issued a court referral. You will then be arraigned in front of the Lagos State Special Offences (Mobile) Court. At the court you can decide to be represented by your own lawyer, or if you cannot afford a lawyer, you are entitled to be represented by the Office of the Public Defender.
If you are found guilty, then you can either accept the judgment of the court or appeal to a higher court.
DO YOU NEED A LAWYER?
Request a Legal Assessment
DO YOU NEED FREE LEGAL SUPPORT ?
This is for people who are unable to afford a lawyer
Get Free Legal Support
We hope you have found this information helpful. Please note that this information is provided for general informational purposes only and is not intended to be legal advice. No lawyer-client relationship is formed nor should any such relationship be implied. This answer is not intended to substitute for the advice of a qualified lawyer. If you require legal advice, please consult with a qualified lawyer.