The fundamental underpin of democracy is anchored on the rule of law. That the law is the social guide and regulator in society with the eternal message that all are equal before the law.
The principle of separation of power also draws its strength from the rule of law. The three arms of government viz the executive, the judiciary and legislative arms are creations of the constitution.
That informed the decision of citizen Chuks Christian Ofili to drag Delta State Traffic Management Authority to Warri High Court for infringing on his fundamental rights of driving a vehicle.
In a landmark judgment delivered by Hon Justice Ejiro Emudainohwo, the court striped DESTMA power to check vehicles and impose fines on culprits.
Below are the relevant portions of that judgement
‘A declaration that the Defendants, their agents, servants and /or officials lack the power under the law to impose fine, penalties and /or sanctions on any person that violates any provision of the Delta State Traffic Management Authority Law.
A declaration that the Defendants lack the vires/power to remove/confiscate the numbered plates of vehicle registered as BB 951 AKD belonging to the claimant.’
In a swift reaction by DESTMA, the body tried to interpret the judgement .
This is a statement of DESTMA : ‘The court emphasized that fines and penalties must be imposed by a court of competent jurisdiction, in line with the provisions of the constitution of the Federal Republic of Nigeria, and not administratively by enforcement officers ‘ Chris Okinedo.
For DG, Delta State Traffic Management Authority.’
The Pond News is not amused by the defence of DESTMA. For a judgement that was entered in 2023 and no appeal so far, showed that the body treated the ruling with contempt and disdain.
DESTMA has acquired a unique but dubious distinction of imposing fines on motorists without recourse to court.
The unit at the Okpanam road near the State House of Assembly, Asaba is notorious for that. The body is more enamoured with administrative fines.
In fact , DESTMA is nuisance to traffic management and had caused a lot of traffic accidents.
The body should be regulated or dismantled.
There is the police traffic division. Same with Road Safety Corps and Vehicles Inspection Officers. These are operating under the armbit of the law.
We passionately appeal to Governor Sheriff Oborevwori to rein in the excesses of DESTMA so as not to compromise the integrity of The MORE Agenda
