The Court of Appeal sitting in Lagos has ruled that the imposition of fines by the Lagos State Traffic Management Authority (LASTMA) is illegal.

The appeal court held that imposition of penalties by the LASTMA ultra vires its power, especially where no platform was established to observe the principles of natural justice.

The court declared this while ruling on the appeal filed by LASTMA over judgment delivered by the Federal High Court on September 16, 2011, in the suit no FHC/L/CS/653/2011 wherein it was held that it breached the right of the respondent in the suit.

LASTMA had appealed the judgment delivered by Justice Okon Abang wherein the court declared that the unlawful assault and illegal arrest, seizure and continuous detention of applicant’s Pick-up van with registration number BE 736 KSF by the respondent on March 18, 2011 was a breach of the applicant’s fundamental right to human dignity as guaranteed by Section 34 of the 1999 Constitution.

The applicant, Mr. Jonathan Odutola had filed the suit against LASTMA over the alleged unlawful detention of his Pick up Van, and the court awarded N500.000 as damages against it (LASTMA ) and ordered issuance of public apology.

Delivering the lead judgment by Justice Jamilu Yammama Tukur which was adopted by Justice Biobele Abraham Georgewill and Justice Abimbola Osarugue Obaseki-Adejumo, the court held that “by the provisions of section 1 (1) and (3) of the 1999 Constitution of the Federal Republic of Nigeria, the constitution is supreme and its provisions are binding on all authorities and persons in Nigeria.

“Therefore, if any law is inconsistent with any provisions of the constitution, the constitution shall prevail and other law shall to the extent of that inconsistency be void.” The court cited Nosdra v.Exxonnmobil (2018) LPELR -44210 (CA), pp 5-9 para E-C.

Also, the court held that the imposition of a fine by the appellant, it (LASTMA) acted in a judicial capacity which they are not imbued with under the constitution.

“The appellant constituted itself into a court with judicial or quasi-judicial powers, when ìn fact the law that created it did not donate such jurisdiction to it.
By doing so, the appellant became a judge in its own cause, the complainant as well the judge, contrary to the maxim ‘nemo judex in causa sua’. The court will not allow any authority to act ultra vires its power under the constitution.

“There is, therefore, a lacuna in that law creating the appellant. In view of the fact that the main crux of the respondent’s grievance bothers on the imposition of fine/penalty on it, I hold that there is no merit in this appeal whatsoever. I find the appeal as lacking in merit as same is hereby dismissed,” the court held.

______________________________________________________________________ “Bridging Theory And Courtroom Practice” — Hagler Sunny Okorie, Nathaniel Ngozi Ikeocha Unveil ‘Functional’ Tort Law Book For Nigerian Legal System The book, titled The Law of Torts in Nigeria: A Functional Approach, authored by Professor Hagler Sunny Okorie Ph.D and Ikeocha, Nathaniel Ngozi Esq, offers law students, practitioners, and academics a comprehensive guide to understanding and applying tort law in Nigerian courts. Interested buyers can place orders via the following contact numbers: 08028636615, 08037667945, 08032253813, or +234 902 196 2209. ______________________________________________________________________ [A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials
“Evidence Act: Complete Annotation” by renowned legal experts Sanni & Etti.
Available now for NGN 40,000 at ASC Publications, 10, Boyle Street, Onikan, Lagos. Beside High Court, TBS. Email publications@ayindesanni.com or WhatsApp +2347056667384. Purchase Link: https://paystack.com/buy/evidence-act-complete-annotation ______________________________________________________________________ ARTIFICIAL INTELLIGENCE FOR LAWYERS: A COMPREHENSIVE GUIDE Reimagine your practice with the power of AI “...this is the only Nigerian book I know of on the topic.” — Ohio Books Ltd Authored by Ben Ijeoma Adigwe, Esq., ACIArb (UK), LL.M, Dip. in Artificial Intelligence, Director, Delta State Ministry of Justice, Asaba, Nigeria. Bonus: Get a FREE eBook titled “How to Use the AI in Legalpedia and Law Pavilion” with every purchase.

How to Order: 📞 Call, Text, or WhatsApp: 08034917063 | 07055285878 📧 Email: benadigwe1@gmail.com 🌐 Website: www.benadigwe.com

Ebook Version: Access directly online at: https://selar.com/prv626

________________________________________________________________________ “Enhance Legal Practice With Authoritative Reports” — Alexander Payne Offers Comprehensive Law Reports, Spanning Over A Century Of Nigerian Jurisprudence

Interested buyers are encouraged to place their orders and enquiries via: 0704 444 4777, 0704 444 4999, 0818 199 9888 Website: www.alexandernigeria.com