Kirinwa: Op simply pay some soldiers 10k for drinks and your car is out. God punish lastma.

Firefire: Welcome to Lagos where the state government agent become a Judge in its own case.


LASTMA can’t impose fine on traffic offenders - imposition of fine on any traffic offender by LASTMA amounted to being a judge in its own cause.

“Sections 9, 11, 12, and 13 of the law establishing LASTMA is unconstitutional.

It is against the spirit of the Section 36 of the Constitution, which gives right of fair-hearing to every Nigerian.


Eko o ni ba je ju ba yi lọ oo


Solution: Take what you need from the boot of your car and drag them to court, pay NO KOBO, the double taxation of Lagos State should be enough.

barcanista: First, LASTMA is not a judge, they fine you like any other related statutory body(Road Safety). Secondly, you can sue LASTMA to court if yu feel your right has been trampled on. The story look somehow but I wl be glad to knw what rili happened

suxes2005:

Well, I was smashed with 50k fine with offence code: MTFII.

Guys, I was told the code means obstructing traffic on high way....

focus7: do u understand simple english? "Leave Fashola and APC out of this..." Says the OP. That's why u are repeating GCE the fourth time.

Firefire:

Can you separate swine from dirt

Firefire:

Can you separate swine from dirt

tit:

Are you one of those asking why they kill Shekau alive?
Ha ha ha!
They give his body for pigs to eat dinner.
Sorry ooo.
As a good moslim, my hand no dey inside that one.

oduastates: your friend's fault here.your friend gave them justifiable cause to tow your car.
Also ,you could easily have found yourself a guest of the LAGOS state government in kirikiri.unfortunately ,LASTMA is a neccessary evil.without them ,your tow van would have taken 5 hrs to get to you ,not 30 sec.
My cousin almost went to jail in America ,for a situation not too dissimilar to yours.obstruction and disorderly conduct.

ratiken:

You APC clowns are the EVIL in dEVIL. So this is all you can say to a man with an important function tomorrow. And his fault is that his car broke down on the highway. In saner climes, he is offered help; in your fashola's lagos....he is slammed a fine.

Fashola is the biggest fraud in Nigeria's democracy (not Tinubu)

naptu2: The criminal justice system is structured in this manner.

Investigators/prosecutors: Law enforcement officers (eg lastma and the police) investigate and arrest offenders.

The DPP's office (and sometimes law enforcement officers) prosecute the cases. Basically, they are accusing you of committing a crime.

Judiciary: The judge is meant to adjudicate over the matter and determine if you are guilty or not and if the state is at fault. The judge should be impartial. 

Judiciary/jury: They determine guilt and sentence offenders.

Now, how can one agency accuse you of a crime, decide that you are guilty and sentence you to pay a fine (or impound your car)? Will they be impartial and fair?

naptu2: [size=14pt]Lastma Can’t Impose Fine On Traffic Offenders – Court[/size] by superior1: 8:21am On Sep 22, 2011

superior1:
LASTMA can’t impose fine on traffic offenders – Court
On September 22, 2011 · In News

By INNOCENT ANABA

LAGOS- Justice Okon Abang of the Federal High Court, Lagos, has declared that Lagos State Traffic Management Authority, LASTMA, lacks the power to impose fine on traffic offenders.

Delivering judgment in the suit filed by Mr. Jonathan Odutola, Justice Abang declared that sections 9, 11, 12 and 13 of the law establishing LASTMA is unconstitutional and of no effect.

The judge not only awarded N500,000 against LASTMA, but stated that the four sections of its law were contrary to Section 36 of the Constitution, which gives the right of fair- hearing to every Nigerian.

He held that while LASTMA has the power to arrest traffic offenders, it does not have the powers to impose fine on them, adding that instead, it is a court of law that has power to impose fine on anybody who contravenes the law.

The judge submitted that the imposition of fine on any traffic offender by LASTMA amounted to being a judge in its own cause.

He said: “Sections 9, 11, 12, and 13 of the law establishing LASTMA is unconstitutional. It is against the spirit of the Section 36 of the Constitution, which gives right of fair-hearing to every Nigerian. Moreover, that would amount to being a judge in your own cause.”


Odutola had dragged LASTMA to court for unlawfully impounding his car and imposing and slamming an illegal fine on him.

In the suit, he stated that last March, while driving his car on Third Mainland Bridge, it suddenly developed some mechanical problems.

According to him, to ensure that the car did not obstruct free flow of traffic, he immediately called a towing-van which towed the vehicle completely out of the road.

He said he also paid towing-van operator some money for the service rendered.

Odutola stated that he also called his mechanics to come and rescue him and the vehicle, adding that as soon as the mechanics arrived, some policemen patrolling the bridge who apparently wanted him to give them money refused them to work on the car.

When he insisted, Odutola and the mechanics were thoroughly beaten and harassed.

The policemen then called LASTMA officials at Sura, Lagos Island, who immediately came and towed the applicant’s car to their office and consequently slammed him with a fine if he must get his car back.

https://www.nairaland.com/765555/lastma-t-impose-fine-traffic

mike404:

The Federal High Court in Lagos today (Wednesday) ordered the Lagos State Traffic Management Authority (LASTMA) to pay a lawyer, Kameos Omosivwe, the sum of N200, 000 as damages for unlawfully impounding his vehicle.

Presiding Judge, Justice Okon Abang said the action of LASTMA in impounding Omosivwe’s vehicle and forcing him to pay illegal fines, is an assumption of judicial functions, and as such he declared it null and void.

The court also held that the lawyer was at liberty to seek leave of court, to commence contempt proceedings against one Adewumi Adeosun, an officer of LASTMA who was involved in the impoundment.

The lawyer had gone before the court to challenge the wrongful detention of his vehicle by LASTMA officials for several months.

He filed the suit on Feb. 15, seeking a declaration that the detention of his vehicle by LASTMA, was an affront on his right to fair hearing as enshrined in the constitution.

Omosivwe also sought a declaration that the imposition of a fine on his vehicle by the respondent, constitutes a violation of his freedom to own movable properties.

Justice Abang in his judgment, apart from awarding N200,000 against LASTMA, also awarded a cost of N20,000 for the action.

He further held that the action of the respondent was a gross misrepresentation of the law.

The court also noted that although the respondent had contended that the LASTMA Laws 2004, as enacted by the Lagos State House of Assembly, empowers its officers to carry out their duties, such laws cannot negate the principles of separation of power.

The judge further maintained that such laws cannot confer judicial powers on the respondent, since judicial powers of the constitution are only vested in a court of law.

http://www.channelstv.com/home/2013/12/04/court-awards-n200000-against-lastma-for-impounding-lawyers-vehicle/

naptu2: Like I said, the only way that Lastma can fine you is if you agree to an out of court settlement.

For example, you commit an offence, you admit that you have committed an offence. You don't want the trouble of going to court (time spent, lawyer's fees, etc) and the state also does not want the trouble of going to court, so you agree to pay a fee and go to the driver's institute.

However, you have a right not to pay anything if Lastma says that you committed an offence and you do not agree that you committed an offence.

You have the right to be heard by an impartial judge Audi alteram partem (both sides must be heard) and lastma has no right to impose penalties on you because they can't be the prosecutor, judge, jury and executioner in their own cause ( Nemo judex in causa sua ).

Silkmoth33: thank u so much.

ratiken:

You APC clowns are the EVIL in dEVIL. So this is all you can say to a man with an important function tomorrow. And his fault is that his car broke down on the highway. In saner climes, he is offered help; in your fashola's lagos....he is slammed a fine.

Fashola is the biggest fraud in Nigeria's democracy (not Tinubu)

ratiken:

You APC clowns are the EVIL in dEVIL. So this is all you can say to a man with an important function tomorrow. And his fault is that his car broke down on the highway. In saner climes, he is offered help; in your fashola's lagos....he is slammed a fine.

Fashola is the biggest fraud in Nigeria's democracy (not Tinubu)

oduastates:
Overzealous law enforcement.welcome to the law.yes ,the law can be a bit.ch.
your friend's fault here.your friend gave them justifiable cause to tow your car.
They wanted a reaction and your friend gave them .
without them ,your tow van would have taken 5 hrs to get to you ,not 30 sec.
My cousin almost went to jail in America ,for a situation not too dissimilar to yours.obstruction and disorderly conduct was the charge and this could have been easily thrown at you .
I think nairalanders in the diasporas can explain it better.