LASTMA Cant impose fine on offenders -court

A Federal High Court in Lagos has voided some sections of the law establishing the Lagos State Traffic Management Authority (LASTMA).

Justice Okon Abang, in a judgment, declared that Sections 9, 11, 12 and 13 of the law establishing  LASTMA is unconstitutional and of no effect on the grounds that it contravenes Section 36 of the Constitution, which guarantee every citizen’s right to fair hearing.

The court upheld LASTMA’s power to arrest traffic offenders, but held that it lacks the powers to impose fine on such offenders. It added that the power to impose fine on anybody who contravenes an existing law resides only with the court.

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

“Section 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,” the court held.

It awarded N500,000 damages against LASTMA.

A Lagos  resident, Jonathan Odutola, whose car was impounded in March and compelled to pay a fine instituted the suit.

He said his car developed some mechanical problems on the Third Mainland Bridge and stopped, and that in an effort to ensure that the car did not obstruct traffic, he immediately called a towing-van which towed the vehicle completely out of the road.

http://www.vanguardngr.com/2011/09/lastma-cant-impose-fine-on-traffic-offenders-court/

Its good to check the excesses of LASTMAdness people. Many of them are just out there to extort innocent people. It only takes courage to face and fight them when necessary. I was on Victoria Island road and the traffic light showed amber. I was having the thought of go or wait.I could have gone but I saw another one in front and I decided to stop as I would not be able to beat the send light. Then, two 'animals' came in LASTMA uniform and called for towing vehicle to tow my car for 'trying' to beat the traffic light. You can imagine what happened next: I was made to pay for an offense I did not commit. May God punish those animals.

YEMOYEMI:

Its good to check the excesses of LASTMAdness people. Many of them are just out there to extort innocent people. It only takes courage to face and fight them when necessary. I was on Victoria Island road and the traffic light showed amber. I was having the thought of go or wait.I could have gone but I saw another one in front and I decided to stop as I would not be able to beat the send light. Then, two 'animals' came in LASTMA uniform and called for towing vehicle to tow my car for 'trying' to beat the traffic light. You can imagine what happened next: I was made to pay for an offense I did not commit. May God punish those animals.

bolded was the problem. When dealing with these guys you have to have one mind.

Either you go or you stop. When you dilly dally that is when they will even see you to catch.

LASMA are lords in Lagos  

In Lagos people fear LASMA more than Army  

Agberos (Area boys)  are still very much in charge  

good to hear this! can i still sue them for the fine they imposed on me last year? I still have my payment receipts? somebody pls talk to me!!!

The issue of LASTMA on Lagos road can be approached with mix feelings. The bad eggs have given the good ones bad name. They are good for Lagos road, but they need to work under the rules of the game (constitution). You see some of them at their duty post and feel good about them, but you see some; it's repulsive (these are the so called Agberos). They need training and serious re orientation. The criteria for engaging them should be revisited. There are lots of people that don't have any business been there.

The problems are those enploying them too are Agberos.

This is a welcome development. with this judgement LASTMA cant function very well. it also states that they cant operate on federal roads and dont have the powers to impound any car.

You sure say LASTMA never deal with this judge before? i wont be surprised.

The fine of N500,000 will encourage lastma's excesses, a fine of over N10million would have been the most ideal deterrent.

Good riddance to bad rubbish!!!
God baptize them with fire brimstone,

Will they obey? Will they pay the fine? Police, LASTMA, Army, KAI, etc always expect citizens to obey them. But when the court issues them order, they disobey. At best they rush to appelate court and from their to Supreme Court hoping to tire out the plaintiff. Let's see how this plays out.

Does this mean that the fines imposed by FRSC are illegal to?

Ugba1:

The issue of LASTMA on Lagos road can be approached with mix feelings. The bad eggs have given the good ones bad name. They are good for Lagos road, but they need to work under the rules of the game (constitution). You see some of them at their duty post and feel good about them, but you see some; it's repulsive (these are the so called Agberos). They need training and serious re orientation. The criteria for engaging them should be revisited. There are lots of people that don't have any business been there.

You have talkd well. Not all Lastma persons are Agberos, we have graduates (HND, BSc holders) and Master holders amongst them. They are good on our Lagos roads, some motorists are very stubborn and need to be dealt with.

RICHIE BOI:

You sure say LASTMA never deal with this judge before? i wont be surprised.

^^^^^^

if this works, 99% of lastma workers will resign because they have been financially disablled.

I will call ma brother to try one way and see if really the law is effective

Nice one!

This is now the time for Lagosians and civil organisations to rally round the court verdict to ensure its not been violated

do_me:

The issue of instant fine for a traffic offence is done all over the world. In Europe and North America you are issued a ticket and then asked to pay a fine.When this happen you have two options,
1) You either pay up or
2) You refuse to pay and the issuing authority will then they take you go to court for traffic violation.
When Road safety(FRSC) started in the early 90s, when they issue you a ticket they tell u that if you refuse to pay u can have your day in court(I don't know if they still do this).
Likewise LASTMA cannot force you to pay or impound your car indefinitely.
The mistake they made with this driver in question is that they allowed him to take them to court first when it is supposed to be the other way round. So the case in question is not that of traffic violation but illegal imposition of fine. It is now left for you either to pay quietly or go through the court process(length of time and cost).

True talk. Thanks.

segunjowo:

good to hear this! can i still sue them for the fine they imposed on me last year? I still have my payment receipts? somebody pls talk to me!!!

That's what happens when you wait for someone to fix your problem. Somebody who was cheated like you had the balls to go to court, now you want to benefit. What were you waiting for?

::Andrew:::

I will call ma brother to try one way and see if really the law is effective

Gring! Gring! Let lawlessness begin. Oh god of traffic jam o, pls come to the rescue of Lagos motorist o(the sane ones). Even pedestrians go hear am too.

do_me:

The issue of instant fine for a traffic offence is done all over the world. In Europe and North America you are issued a ticket and then asked to pay a fine.When this happen you have two options,
1) You either pay up or
2) You refuse to pay and the issuing authority will then they take you go to court for traffic violation.
When Road safety(FRSC) started in the early 90s, when they issue you a ticket they tell u that if you refuse to pay u can have your day in court(I don't know if they still do this).
Likewise LASTMA cannot force you to pay or impound your car indefinitely.
The mistake they made with this driver in question is that they allowed him to take them to court first when it is supposed to be the other way round. So the case in question is not that of traffic violation but illegal imposition of fine. It is now left for you either to pay quietly or go through the court process(length of time and cost).

I think the issue with LASMA is that the fines are not defined constitutional. They just imposed it at their own discretion with issuing ticket. Please I stand to be corrected if am wrong.

, D prayers of poor rd user in Lagos, I told friends on tweeter nd facebook hw they exploited me of 20k 2wks ago, i said it then nd am saying it here, God is my avocate advocate, even when my kinds (d poor rd users) are informed nd aware of dis, who go stand by nd spik 4 we, ? Law interpretations, all na grama wen protect dem,not my kinds

CAN SOMEONE TELL ME A TRAFFIC OFFENCE THAT IS UP TO $500 ? BUT HERE LASMA BILLS PEOPLE 75,000 NAIRA

LASMA is not the problem here, the power given to them by Lagos government is not supposed to be.
How can LASMA have a different fine with that of road safety to traffic offenders?
Lagos state government suppose to give this people a receipt with the fine for each traffic offence at the back of the receipt,
if you break any of the traffic rule then you can pay instantly to LASMA and collect a receipt
or if you don’t have money with you they can cease your drivers license and give you a cover note,
by the time you pay then you will take back your license or whatever they cease from you.
They are not supposed to impose fine on people more t that of the road safety

if lastma stop operating? Some ppl wil leave their offices by 6pm and get home by 3-4am.

The problems with these guys are pride and arrogance. That is the major problem with our people. Once they think they have little power or anything above another individual they go for abuse. I don’t even know why they should have anything to do with driving license. I love the idea of the organization. But like I said arrogance is the rule. I was in Nigeria last December and had a one on one with them. Somebody mention traffic tickets in America and Europe, in fact all over the world. In these countries whoever will issue a traffic violation ticket should be very professional, polite and will go straight to the point. These tugs will jump in front of your car shouting without you even understanding what any of them are saying and what is going on. They will just be asking for your car key. Once they get your key they will drive off with your vehicle. Then you have to seat in their hot ass overcrowded vehicle for them to finish whatever they are doing, and then drive you back to their office and the story goes. They will be acting like they are God. I tried to relate with them but pride pride pride. Then I said to their boss, LOOK DUDE THIS IS A TRAFFIC VIOLATION NOT A CRIME, ISSUE THE TICKET I DON’T HAVE TIME TO BE LOOKING AT YOUR URGLY FACE.

looker:

The problems with these guys are pride and arrogance

Wrong. Their major problem is inferiority complex and wanting to reap where they did not sow.