BY INNOCENT ANABA

LAGOS — Justice Okon Abang of a Federal High  Court, Lagos, yesterday, awarded N200,000 damages against the Lagos State Traffic Management Authority, LASTMA, for unlawfully impounding vehicle of an applicant.

The judge awarded the damage, while delivering judgment in a suit filed by a lawyer, Mr Kameos Omosivwe, challenging the wrongful detention of his vehicle by LASTMA officials for several months.

Abang, in his judgment, also said that the applicant was at liberty to seek leave of court to commence contempt proceedings against one Adewunmi Adeosun, an officer of the respondent, who was involved in the impoundment.

The applicant had filed the suit on February 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.

He 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.

In his originating motion, the applicant averred that the respondent had towed his vehicle on December 23, 2012, in Alausa, when he visited the lands registry to conduct a search for his client.

He said he was instructed by the security guards at the Lagos mini market to park his car at the entrance with a closed gate, since the parking lots for vehicles were congested.

He said: “I spent 30 minutes in the registry, and by the time I arrived at the parking spot, my car had disappeared.

“I made enquiries, and discovered that the car had been impounded by the respondent. I, thereafter, visited their office at Elephant House, to see the zonal head, but to no avail.

“I then met an officer of the respondent, who told me that a ticket had already been issued on my vehicle, to pay a fine of N5,000 for wrongful parking, N10,000 for towing, and N10,000 per day, as demurrage, for keeping the vehicle.”

“I eventually met the zonal head on Feb. 8, and he showed me a photograph of my vehicle, which was a gross misrepresentation of the position of my vehicle before it was towed.

“The vehicle was moved slightly backward to the road, to justify the impoundment. I explained the correct position to the zonal head, but to avail.

“ I refused to accept the ticket for the fine, since I had parked the car under instructions from the security men” he said.

Justice Abang in his judgment, awarded the sum of N200,000 against LASTMA, as well as a cost of N20,000 for the action, adding that the action of the respondent was a gross misrepresentation of the law.

“On Sept. 16, 2011, in the case of Jonathan Odutola vs Cpl Edmund Ogwu, LASTMA & others, this court as presently constituted, in a judgment, nullified section 13 and 14 of LASTMA’s law 2004.

“I held in that case that the imposition of fine by the respondent, with respect to alleged traffic offence, amounts to finding of guilt, which is a judicial function.

“I also held that if a person is not found guilty of an offence, he cannot be made to pay fine. Now, the respondent while being aware of the judgment in this case, intentionally flouted the order of this court.

“This is a clear case of ‘slapping the court in the face’ and expecting nothing to happen.

“It is in line with this, that I nullify all actions taken by the respondents on Dec. 23, 2012, and I declare same void.

“The sum of N200,000 is also awarded against the respondent, as general damages, and a cost of N20,000 for the action.

“The applicant is also at liberty to commence contempt proceedings against one Adewunmi Adeosun, who was a party to the previous case before this court” Abang ruled.

The judge added 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.

According to Abang, such laws cannot confer judicial powers on the respondent, since judicial powers of the constitution are only vested in a court of law.

The judge therefore declared that the act of LASTMA, impounding the applicants vehicle and forcing him to pay illegal fines, is an assumption of judicial functions, and so is declared null and void