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Court Declares LASTMA Fine, Towing Without Court Order Illegal
An Ikeja High Court in Lagos has held that it is unconstitutional for the Lagos State Traffic Management Authority (LASTMA) to impose fines and tow vehicles of an alleged traffic offender without a valid court order.
Justice Olalekan Oresanya also awarded damages of N750,000 against LASTMA and in favour of a motorist, in a watershed judgment on the powers of the agency over motorists suspected to have committed traffic offences.
Justice Oresanya gave the judgment on Thursday in a suit instituted by the motorist, Mr. Lawal Aliyu against LASTMA, Lagos State Government, and the state’s Attorney-General.
Aliyu, a lawyer, filed the suit to contest the N20,000 fine imposed on him by LASTMA for an alleged traffic offence, and another N10,000 towage fine which he was forced to pay by the traffic enforcement agency.
In the judgement, a copy of which was obtained by The Nation on Friday, Justice Oresanya narrowed down the issues in the matter to three and resolved all in favour of the applicant (Aliyu), relying on Sections 34, 36 and 41 of the 1999 Constitution (as amended), among others.
On issue one regarding the question of whether the obstruction, towage, seizure and impoundment of the applicant’s car with Registration No. AGL 93 DW on the 23rd November 2021 by LASTMA was unlawful, the court ruled that from the available evidence, the respondents failed to establish any fact to justify their action and that there was no part of the Lagos State Traffic Management Law (2018) that permits the derogation of the applicant’s right to freedom of movement.
Justice Oresanya held: “Public Authorities and Bodies cannot act in a manner that is inconsistent and incompatible with the fundamental rights of citizens as guaranteed by the Constitution of the Federal Republic of Nigeria, which is the grundnorm;
“Even in the jurisdiction where parliamentary laws/statutes are supreme, such as the United Kingdom, public bodies must not act in a manner that is incompatible with the convention rights of citizens as embodied in the European Convention on Human Rights (ECHR) which has now been incorporated into the Human Rights Act 1998, the African Charter on Human and Peoples Right being an equivalent of the ECHR and which has now being codified into the African Charter on Human and Peoples’ Right (Ratification and Enforcement) Act, 2004 being the equivalence law.”
On the second issue regarding the fine and towing fee imposed on the applicant, the court said a careful perusal of Section 27 (1) b, c, d and e of Traffic Management Law relied upon by the respondents revealed that LASTMA cannot impose fine without arraigning an alleged traffic offender in court, adding that it amounted to ignoring fair hearing and being a judge in one’s case.
The court lampooned LASTMA for the practice of forcibly towing vehicles of alleged traffic offenders, saying it is the height of oppression.
He held: “I must add that it is strange and bizarre that the 1st Respondent (LASTMA) towed a serviceable vehicle in good working condition and thereby caused damage to the vehicle in the process when it has not been established that the Applicant resisted the arrest of his vehicle, only for the 1st Respondent to subsequently impose a fine on the Applicant for a service not solicited by the Applicant. To my mind, this is the height of oppression and impunity and it is condemnable.”
On issue three as to whether the applicant was entitled to compensation and damages for breach of his fundamental rights, the court said having resolved issues one and two in favour of the applicant, it follows that the applicant is naturally entitled to damages in compensation.
“On the whole, I give judgment for the Applicant in the following terms; I make a declaration that the obstruction, towage, seizure, and impoundment of the Applicant’s car with Registration NO. AGL 93 DW on the 23rd November 2021 by the Respondents is unlawful, illegal, and unconstitutional as same amounted to gross violation of the Applicant’s fundamental right to freedom of movement enshrined in Section 41 of the Constitution of the Federal Republic of Nigeria, 1999 (band amended).
“I make a declaration that the imposition and enforcement of LASTMA fine in the sum of N20,000 and LASTMA Towing fine in the sum of N10,000 on the Applicant without an order of a court of competent jurisdiction is unlawful, Illegal and is null and void and the said fines should be paid back by the Respondents to the Applicant.
“The sum of N750,000 compensatory damages is awarded against the Respondents for the violation of the Applicant’s fundamental rights. This is the Judgment of the Court,” Justice Oresanya held.
Aliyu represented himself while T.M Fayehun was the Respondents’ counsel
A new video has emerged showing two men reportedly kidnapped by Boko Haram insurgents in Borno State, pleading for assistance to secure their release.
One of the captives, former Biu Local Government Area Chairman Hassan Biu Miringa, revealed that their abductors are demanding a $300,000 ransom.
Miringa said he and another individual were taken in December 2025 and have remained in the custody of the militants.
In the video shared by Zagazola Makama, Miringa introduced himself, saying: “I am Hassan Biu Miringa, former Chairman of Biu Local Government from 2020 to 2022. Four years after my tenure, we were kidnapped by the soldiers of Khilafa about two weeks ago. Alhamdulillah, we are still alive, but we urgently need help to save our lives.”
He added that negotiations with the kidnappers had been underway, with some preliminary agreements reportedly reached.
“We have engaged them on four separate occasions and reached an understanding. We appeal to our leaders, especially Borno State Deputy Governor Alhaji Usman Umar Kadafur, the National Assembly representative for Biu, Kwaya, and Shani Hon. Betera Aliyu, as well as our community leaders, to temper justice with mercy and assist us. We are their children and have been working together,” Miringa said.
He confirmed the ransom demand, explaining that each captive is expected to pay $150,000, totaling $300,000 for their freedom, and pleaded for urgent intervention to reunite with their families.
The video highlights ongoing concerns over kidnappings and insecurity in southern Borno State, which have persisted despite government efforts to curb insurgent activity in the region.
The Minister of the Federal Capital Territory, FCT, Nyesom Wike, on Saturday visited Port Harcourt City Local Government as part of his “thank you” visit across Rivers State.
Upon his arrival, a group of women displayed a symbolic gesture of loyalty by spreading their wrappers on the ground for his motorcade.
The women and supporters of the Minister were in a jubilant mode as Wike drove on the wrappers.
Wike has been going around local governments in the state to appreciate them for their support while reeling out moves ahead of the 2027 general elections.
In the course of his visits, the Minister had fired several salvos at political actors in the state, warning that their sudden support for President Bola Tinubu won’t secure them any ticket in 2027.
Wike also renewed rivalry with Governor Sim Fubara over the leadership control of the political space in the state.
The Rivers State House of Assembly has officially reaffirmed that the impeachment proceedings against Governor Siminalayi Fubara and his deputy, Prof. Ngozi Odu, are ongoing and have not been suspended.
The Assembly said the process is still ongoing and is being conducted strictly in line with constitutional provisions.
This was contained in a statement issued on Friday by the Chairman of the House Committee on Information, Petitions and Complaints, Hon. Enemi George.
According to the statement, the impeachment process, which began on Thursday, January 8, 2026, remains on course in line with the 1999 Constitution of the Federal Republic of Nigeria (as amended).
The lawmakers disclosed that separate notices of allegations bordering on gross misconduct have been served on both the governor and his deputy in line with Section 188 of the Constitution.
“The notices of allegations of gross misconduct against the Governor and the Deputy Governor have been duly forwarded to them by the Speaker of the House, Rt. Hon. Martins Amaewhule, and the House is awaiting their responses,” the statement said.
The Assembly maintained that it is constitutionally obligated to act in the interest of the rule of law and ensure that no public office holder acts outside legal boundaries.
Reacting to reports suggesting that the impeachment move had been halted, the House accused some individuals and media outlets of deliberately spreading misinformation to mislead the public and stir tension between the legislature and Rivers residents.
The lawmakers described such reports as false and insisted they would not succumb to intimidation, threats, or blackmail.
“We are aware of renewed attempts by certain persons and media platforms to misinform the public by claiming that the impeachment process has been discontinued. The public should disregard such falsehoods, as the process remains active,” the statement added.
The Assembly reaffirmed its commitment to democratic principles and constitutional responsibilities, stressing that it would not be distracted by what it termed “cheap propaganda.”
It also appreciated the people of Rivers State for their support and prayers amid the ongoing political developments and extended goodwill to Nigerians committed to the nation’s democratic journey.
JomogNews reports that during Thursday’s plenary session, presided over by the Speaker, the Majority Leader, Major Jack, formally read the notice of allegations of gross misconduct against Governor Fubara on the floor of the House.
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