It is not uncommon to hear stories of people whose car are seized or impounded by officials of the Lagos State Transport Management Authority (LASTMA). Many of the vehicles are even auctioned and televised to the public. One of such stories is that of a Innocent Emeka, a Lagos-based movie producer, whose car was seized by LASTMA officials for driving past a Bus Rapid Transit (BRT) lane when he was trying to enter an office in the Sabo area of Lagos. His vehicle was impounded for breaching the BRT corridor. In his defense, he claimed that there was no signpost there.
Mr. Emeka said he did not struggle with the officials even as he tried to explain to them that it was not intentional. At the LASTMA office, he was given a ticket to pay a sum of N70,000 in fines. He said that he was nudged to go to court, but he was advised to avoid the mobile court. Otherwise, he would be frustrated and his car would be auctioned like those that have been televised in the media. Emeka said, “I personally believe that it is abnormal to hide and wait to apprehend offenders when they could position themselves to direct people to the right route. You don’t set a trap, wait for your citizens to fall into it and you punish them.”
Aggrieved Lagos lawyer sues the traffic agency for fine imposed on him.
Many Lagos motorists have reported what happened to Mr. Emeka – the forfeiture of cars and their auctioning in accordance with the traffic laws of the state – as their daily experience. However, when the same happened to a Lagos lawyer, Mr. Lawal Aliyu, he was aggrieved by the fine imposed on him by LASTMA officials. Because of this, he sued the agency, Lagos State Government, and the state’s attorney general at the Lagos State High Court.
Mr. Aliyu specifically filed the suit 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. Justice Olalekan Oresanya in his decision held that it was unconstitutional for LASTMA to impose fines and tow vehicles of an alleged traffic offender without a valid court order. He also awarded damages of N750,000 against LASTMA in favor of the plaintiff.
Court rules that LASTMA cannot impose fine without court order.
Justice Oresanya narrowed down the issues in the case to three and resolved all in favor of the plaintiff, relying on Sections 34, 36 and 41 of the 1999 Constitution (as amended), among others. On the impoundment of his car, the judge held that there is no section of the Lagos State Traffic Management Law (2018) that permits the derogation of the applicant’s right to freedom of movement. Every citizen has a fundamental human right of freedom of movement.
In regards to the fines and towing fee imposed on the plaintiff, the court said a careful perusal of Section 27(1) b, c, d and e of Traffic Management Law relied upon by the respondents revealed that LASTMA cannot impose fine without arraigning an alleged traffic offender in court. The court added that it amounted to ignoring fair hearing and being a judge in one’s case. Also, the court chastised the agency for the practice of forcibly seizing vehicles of alleged traffic offenders, saying it is the height of oppression. This was why the court held that the plaintiff was entitled to damages and compensation for the infringement on his fundamental rights.
Lagos Government filed an appeal, says agency only enforces LSTRL 2018.
Meanwhile, the Lagos State Government has announced in a statement by the Ministry of Justice that it has on September 30, 2022 filed a Notice of Appeal against the court decision. The statement said, “The state government reviewed the judgment and dissatisfied with same, has exercised its constitutional right of appeal by filing a notice of appeal and an application for stay of execution of the judgment has also been filed. Consequently, members of the public are therefore advised to be law abiding and ensure compliance with relevant Laws of the State.” When the spokesman for LASTMA was contacted, Mr. Adebayo Taofik, said the agency only reinforces the Lagos State Transport Reform Law (LSTRL) 2018. “Our primary responsibility is to monitor and control traffic, but enforcement comes in when you have stubborn drivers, who might want to do their wish on the road,” he said.
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Is vehicle forfeiture legal in traffic laws? – Aggrieved lawyer sues LASTMA for imposed fine, awarded damages of N750,000. – Express your point of view.
Vehicle forfeiture is legal in traffic laws in many states but remains a controversial punishment. It is important to consult with a lawyer if your vehicle has been seized to understand your legal rights and options.
We actually need to address forfeiture of vehicles by Traffick law enforcers. If it is part of their laws that vehicles can be impounded, then it’s okay. We find a lot of them impounding vehicles and asking for a huge amount of money before it can be returned.
Aggrieved lawyer sues LASTMA for imposed fine, awarded damages of N750,000. Most of this LASTMA are not doing the right thing. They believe that power and authority has been placed in their hands, so they act anyhow, no respect, very annoying set of people. This issues should be address
Officials seizing cars is something normal in other countries, if you park your car in an unauthorized area you car gets towed, but the way they do it in this country is what makes it unusual
Lastma has done so many damage on motorists in the country, people have been struggling to put food on their families tables by doing danfo or taxi and then one little mistake lastma would come and collect all the money they made for the week. It’s really sad.
It is not bad of these LASTMA to be seizing these vehicles because these people do not actually obey rules on the road and they just do anyhow and some of them actually deserve the punishment they get.
This issue need to be address because LASTMA as been using their power anyhow imposing huge money on cars been seized, is normal for LASTMA to seize cars who violate the traffic law but huge money should not be ask when want to return the car to the holder
We genuinely need to handle vehicle seizure by traffic officers. It’s fine if it’s part of their laws that vehicles can be impounded. We discover a lot of them impounding vehicles and demanding large sums of money before returning them.
I don’t know why things cannot be done with sense in naija, these agencies are wicked and greedy, they bill exorbitant fees for vehicle impoundment and if people are not able to raise the amount the behicle will be condemned, it’s really bad.
The LASTMA as a government agency go free with the atrocities and unrightful impounding of people vehicle because average motorist doesn’t know his/her right.I really like the step taking by the lawyer mentioned in the article,his action will enlighten lots of motorist on their right and also the LASTMA will start cautioning themselves to do the right thing.
It is complete wickedness and oppression by the Lagos state government to have a vehicle bought with huge amount of money by the owner impounded and forfeited to them. Vehicle forfeiture is not legal in the traffic law and should be included there.
The forfeiture of vehicle is not legal in the traffic law but rather monetary fine is better and should be mandated. There is the need for Lagos state to also conduct reorientation for the LASTMA officials who at time forget their main obligation and chase after vehicles for their selfish purpose. It is advisable for drivers to familiarizes themselves with the traffic law of the land and adhere strictly to it.