Delta High Court Voids DESTMA’s Powers to Arrest, Impose Fines on Traffic Offenders

Delta State High Court sitting in Warri has declared the powers of the Delta State Traffic Management Authority (DESTMA) to arrest motorists, confiscate vehicle number plates and impose fines as illegal, unconstitutional and null and void.

Delivering judgment on Tuesday in Suit No. W/348/2016: Chuks Christian Ofili v. Attorney-General of Delta State & Delta State Traffic Management Authority, Hon. Justice Ejiro Emudainowho held that key provisions of the DESTMA Law, 2013, are inconsistent with the 1999 Constitution (as amended).

The court specifically struck down Section 18(1) of the Delta State Traffic Management Authority Law, 2013, ruling that it conflicts with Sections 6(2), 6(5)(a) and 272(1) of the Constitution, which vest judicial powers exclusively in the courts.

Explaining the outcome of the suit, counsel to the claimant, Mr. Olukunle Ogheneovo Edun, Esq. said the court entered judgment against the defendants on multiple grounds.

Justice Emudainowho declared that DESTMA and its officials lack the legal authority to impose fines, penalties or sanctions on traffic violators without first charging them before a competent court of law. The court further held that the agency has no power to confiscate vehicle number plates, including the claimant’s plate number BB 951 AKD.

The judge ruled that the imposition of a ₦30,000 fine on the claimant without trial or conviction amounted to a flagrant violation of his right to fair hearing and freedom of movement, as guaranteed under Sections 36(1) and 41(1) of the Constitution.

The court consequently:

Set aside the “Notification of New Traffic Offences and Penalties” issued against the claimant; Ordered the defendants to refund the ₦30,000 collected from him;
Struck down Section 18(1) of the DESTMA Law in its entirety for constitutional inconsistency;
Awarded ₦500,000 as legal costs and ₦300,000 as damages in favour of the claimant;
Ordered 10 per cent interest per annum on the judgment sum.

The ruling is expected to have far-reaching implications for traffic law enforcement in Delta State, particularly regarding the powers of regulatory agencies to sanction citizens without recourse to the courts.

Legal observers say the judgment reaffirms the supremacy of the Constitution and underscores the principle that only courts of law can determine guilt and impose penalties.