LASTMA officials
By OLASUNKANMI AKONI, DANIEL ETEGHE & MONSUR OLOWOOPEJO
IKEJA- Following the judgment of Justice Okon Abang of a Federal High Court in Lagos on Tuesday, barring Lagos State Traffic Management Authority, LASTMA, from imposing fines on traffic offenders, Lagos State Governor, Mr Babatunde Fashola, Thursday, said the state has the residual authority to make legislation on municipal issues that fall within the ambit of the state.
Meanwhile, the state said it will appeal the judgment. State Attorney-General and Commissioner for Justice, Mr. Ade Ipaye, said in Lagos that: “We are appealing the judgment immediately. Lagos State, Federal Government and other jurisdictions have laws that validly impose fines in the same way as LASTMA law, so we are certainly not satisfied with the judgment.”
Fashola had said, “I have not read the judgment and the only information I have about the judgment is from the press, clearly, that is not a legal interpretation of the judgment. Road traffic is a municipal matter in which the state government clearly has the residual authority to make legislation.”
“Of course, you will understand that all over the world, there is usually provision for either the summary payment of crime or the option of a trial and I think this is what exists really. If you do not want to go on trial, you can say you want to pay a fine and I think that is the ambit of which we have been operating and those who insist on being taken to court, obviously are being taken to court.”
He called on Lagosians not to be in a hurry to condemn LASTMA, adding that the agency could be subjected to innovations.
According to Fashola, “Whether we like it or not, until a foreseeable future, LASTMA is a local solution to a unique traffic problem. We have used a local challenge to create an opportunity for almost 5,000 people who are working, showing dignity of labour, staying in the sun and the rain working for all of us.
“So, let not be in a hurry to challenge LASTMA. I don’t think that is what we need, what we need is to keep the model, sustain and develop it. If it has rough edges, we trim it off and LASTMA like every innovation of man is always subject to improvement, re-modification and I think that is the collectiveness that is important for us to carry along now. The condemnation of the agency, I don’t think will take us there.”
Also, reacting to the judgment, Commissioner for Information and Strategy, Mr. Aderemi Ibirogba, said a majority of residents misconstrued the judgment by condemning the legitimacy of LASTMA.
Ibirogba said: “A majority of the public do not know the technicality of the law. The judgment is not an indictment on LASTMA as been peddled around. It has not incapacitated LASTMA in any way.
“That judgment has not said LASTMA is illegal. What the judgment is saying is that fines for any traffic offenders in the state will be decided in the law court. The law does not say LASTMA does not have the right to control traffic in the state. It’s unfortunate that the public has not come to accept LASTMA as a responsible agency.
“It is important to note that LASTMA still reserve some power as long as Lagos traffic management and control is concerned,” he added.
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