and where is fashola that make the halfbaked law? I guess he is a SAN, so many shit about all the laws made in Lagos, olodo lawyer, I've not even hear him winning any case as a lawyer, shior he only know How to cook falsehood.

Samoo01: Exactly what transpired between the lawyer and the authorities? On what basis was he arrested and how much fine did he pay before filling this lawsuit? Can the lawyer actually sue a law enforcement official (having already secured judgement against his employer, LASTMA) based on altercation he had with him while on duty? This is a subnormal news report.

There is vicarious liability and the circumstances of the employee and the employer(lastma) is different.fyi, adewumi had a case with the prosecutor and the complainant had the leave of the court if you read the case well that .it was all about contempt and not about the previous cmplaint of detention and bribery... So section 36 subsection 11 is inapplicable in the situation

It feels good to be a Lawyer !

In Nigeria law court, it takes upto 8 months or a year before final judgement is given, by that time u must have sold your land to pursue d case. Click LIKE IF U LOVE ENGINEERING PROFFESION.

Ohhhh!!! 200k is too small now. They will not feel it, 2m would ve been a better fine. EDSTMA(edo state oshiomole police) will soon get into troule like this too, they bump into people's car, harass u and impound ur car. God will help them one day when they will impound BH veichle and mEet their water lo

I salute this judgement. Fashola's boys have been acting as demi-gods for too long.

[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

[size=14pt]High Court Ruling On LASTMA: Lagos To Appeal Judgement[/size] by Humanbeans(m): 1:00pm On Sep 25, 2011

Humanbeans: http://www.ngrguardiannews.com/index.php?option=com_content&view=article&id=62213:lagos-to-appeal-judgment-on-lastma&catid=1:national&Itemid=559

Lagos To Appeal Judgment On LASTMA

SUNDAY, 25 SEPTEMBER 2011 00:00

BY KAMAL TAYO OROPO NEWS - NATIONAL

THE Lagos State government has said that it will challenge the ruling of a Federal High Court in Lagos on Wednesday, which voided the power of the Lagos State Traffic Management Authority (LASTMA) to impose fine on traffic offenders.

The presiding judge, Justice Abang, had declared that sections 9, 11, 12 and 13 of the law establishing LASTMA is unconstitutional and of no effect, following a suit filed by one Mr. Jonathan Odutola.

Abang held that while LASTMA may arrest traffic offenders, it does not have power to impose fines, adding that only a court of law could do so.

But the Lagos State Attorney General, Mr. Ade Ipaye, reacting to the judgment on Friday, said the state would appeal the ruling.

“We are filing an appeal immediately. Lagos State, Federal Government and other jurisdictions have laws that validly impose fines in the same way as the LASTMA Law, so we are certainly not satisfied with the judgment, Ipaye said.

https://www.nairaland.com/767999/high-court-ruling-lastma-lagos

mekaboy: so a case filed since feb is getting judgement in december. will 220k be able to take care of the damages on his car parked since?

this is why pple dont fight for their right anymore because before u get judgement u fit don old finish.

Yes it took so long, yet the impact is immense it affects all the states in the Federation, considering that its a constitutional ruling. If more people endure to sue LASTMA, police for their lawlessness, Nigeria will be a better place. The number of people LASTMA would have exploited must be huge.

I dnt understand these jugbe, is lastma regultion not clear on wut their job discription shuld be? N wut they can n cant do? In as much as the lastma guys ar over doing these thing, lastma laws needs to be checked n motorist need to aquint themselve wit them so they stand up for their rights wen arested.

wogor@paradise:
I dnt understand these jugbe, is lastma regultion not clear on wut their job discription shuld be? N wut they can n cant do? In as much as the lastma guys ar over doing these thing, lastma laws needs to be checked n motorist need to aquint themselve wit them so they stand up for their rights wen arested.

I'll try and break it down.

Lastma can arrest you and charge you to court.
Lastma cannot arrest you and force you to pay a fine or confiscate your vehicle (only a competent court can impose a fine or confiscate your vehicle).

Now, here's the grey area that has caused the problem.

You have two options when Lastma arrests you. You can decide to go to court and settle the matter in court, or you can decide to settle out of court (fine). Lastma has no power to force you to pay a fine (settle out of court), but that's what they do. Many people do not know that they have the right to go to court if they feel that they have not committed any offence. Hence, they are bullied by lastma officials to pay a fine, even though they feel that they have not committed any offence.

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?

tpacalipse: Nah for school the whole efisi finish oga. Come to the streets, nah charge and bail be dem jobs or oga u won do affidavit? Go to the USA, you will find them at every street corner and hospital ambushing accident victims in case they have someone to sue for their predicament. So, make we here word jare.

You are just being jealous. Lw profession is not about the money but the pride and beauty of it. There's a special feeling for being a Lawyer and only Lawyers feel it.......Its just like Jesus Christ mediating for your sins before God, that is how Lawyers mediate for your offences before the Judge.

Emelcee: In Nigeria law court, it takes upto 8 months or a year before final judgement is given, by that time u must have sold your land to pursue d case. Click LIKE IF U LOVE ENGINEERING PROFFESION.

It is same all over the world. The Nigerian terrorist arrested on the 25th of December 2010 abi 2009 is still on trials. Proving of case esp. compilation, examination and cross examination of evidences take a whole lot of time.

realsui-generis:


You are just being jealous. Lw profession is not about the money but the pride and beauty of it. There's a special feeling for being a Lawyer and only Lawyers feel it.......Its just like Jesus Christ mediating for your sins before God, that is how Lawyers mediate for your offences before the Judge.

Thank you jare

kennytidistar: and where is fashola that make the halfbaked law? I guess he is a SAN, so many shit about all the laws made in Lagos, olodo lawyer, I've not even hear him winning any case as a lawyer, shior he only know How to cook falsehood.

No offence sir, but you are the Olodo, Lawyers don't make laws, they interpret the law made by the legislators.

Bolushalom: No offence sir, but you are the Olodo, Lawyers don't make laws, they interpret the law made by the legislators.

but your oga fashola who understand law shouldn't have approved the law at the first instance, he should have done the needfuls thing since he knows How to interpret it, because you are defending him now, or was he not the one who approved the law passed by is brotherhood Lagos assembly?

Yayyy!

kennytidistar:

but your oga fashola who understand law shouldn't have approved the law at the first instance, he should have done the needfuls thing since he knows How to interpret it, because you are defending him now, or was he not the one who approved the law passed by is brotherhood Lagos assembly?

Try and be rational and learned about somthing before you speak... Even tho it is accented to by the governor,there is no where in that lagos law on traffic act that lastma should impound on someone car and release it on the basis of bribery even the old criminal code is against that... Anti-graft agencies would not tolerate poo like this

ccollins:

Try and be rational and learned about somthing before you speak... Even tho it is accented to by the governor,there is no where in that lagos law on traffic act that lastma should impound on someone car and release it on the basis of bribery even the old criminal code is against that... Anti-graft agencies would not tolerate poo like this

now you lie, if there is no where in that Lagos law on traffic code to impound somebody cars and bail it with cash why did your so called state attorney general threatened to appeal the judgment delivered against last ma in 2011 or do you still want to tell me you are not aware.? Lagos state government is a complete scam propeller sincerely they are completely confused set of leaders who have no interest of the residence at mind but to siphon and convert state property to their person belonging. nigerians are watching.