Metro & Crime

Court awards N750,000 damages against LASG, LASTMA over violation of motorist’s fundamental right

A Lagos State High Court sitting in Ikeja presided over by Justice Olalekan Oresanya, has awarded a damage sum to the tune of N750,000, against the Lagos State Government and Lagos State Traffic Management Authority (LASTMA), over the violation of the fundamental human rights of a motorist, Lawal Aliyu.

The judge awarded the damage sum while delivering judgment in a suit initiated by Aliyu against LASTMA, Lagos State Government, and the state’s Attorney General (AG).

Justice Oresanya held that it was unconstitutional for LASTMA to impose fines and tow vehicles of alleged traffic offenders without a valid court order.

The court, which narrowed down the issues in the matter to three, 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 which touches on 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, Justice Oresanya declared 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.

 

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