Latest News

Court bars Edo govt, EDSTMA from impounding, auctioning vehicles

Published by

The Benin High Court, on  Friday, barred the government and Edo State Traffic Control and Management Agency (EDSTMA), from impounding vehicles, auctioning seized vehicles and demanding payment of penalties for alleged traffic infractions without recourse to the court.

A lawyer, Chukwuka Jonathan Enegide, had dragged Edo State Government, EDSTMA, its Managing Director and three others to court after the agency impounded his vehicle over alleged traffic violations without recourse to the court.

He sought a declaration of the court granting absolute power to compulsorily take possession of citizens’ vehicles, impounding same indefinitely, imposing fines, penalties and to auction same without affording them any opportunity of hearing is unconstitutional, illegal and void.

He also urged the Court to determine whether the relevant section of EDSTMA law granting absolute power to impound, auction vehicles or demand payment without recourse to the court is inconsistent with section 1, 3, 35, 44 and 72 of the 1999 Constitution among other declarations.

In his ruling, Justice P.A. Akhihiero held that the applicant was able to prove his case and grant the declaration sought.

The judge also awarded N5 million as aggravated/exemplary damages against the defendant and N200, 000 as costs to the applicant.

“The relevant section of the EDSTMA law granting absolute power to impound and auction vehicles or demand payment of penalties without recourse to the courts are inconsistence with sections 1,3,36,44, and 75 of the 1999 Constitution and are declares null and void to the extent of the inconsistency,” the judge added.

The Court also declared that the respondent’s illegal act of extortion, unlawful forcible seizure and compulsory acquisition of the applicant’s vehicle and its detention was unconstitutional and a violation of his right to fair hearing and property as guaranteed by the Constitution.

YOU SHOULD NOT MISS THESE HEADLINES FROM NIGERIAN TRIBUNE

How Workplace Sexual Harassment Forces Many Out Of Their Dream Jobs

Despite several laws prohibiting sexual harassment in Nigeria, many victims are forced to quit their dream jobs while others suffer depression as a result of unsolicited sexual advances from colleagues. FAITH ADEOYE reports.

If you want to keep your job and excel in your career, you need to do as I say,” Janet Abegunde’s boss said to her one fateful day. Miss Abegunde, a 24-year-old accountant who had just gotten her first job in one of the new generation banks, said she fell into depression after her boss sexually harassed her.Court bars Edo govt, EDSTMA from impounding, auctioning vehicles

Court bars Edo govt, EDSTMA from impounding, auctioning vehicles

Recent Posts

David Mark celebrates Sam Amuka at 90

Former President of the Senate, Senator David Mark, has extended heartfelt congratulations to the publisher…

53 seconds ago

Democracy survives on prudent management of resources — FRC

"Fiscal responsibility is the lifeblood of sustainable democracy.

35 minutes ago

Qur’anic competition: Tinubu’s aide showers gifts on winners

The Special Adviser to President Bola Tinubu on Senate Matters, Senator Bashir Lado, has showered…

53 minutes ago

US to Iran: Don’t target us, we’re not involved in Israeli strikes against you

According to Rubio, the Israeli government claimed its actions were necessary for self-defence, stating that…

2 hours ago

Democracy: Soludo advocates stronger collaboration for better Nigeria

In an address highlighting the path forward for Nigeria, Governor Charles Soludo of Anambra presented…

2 hours ago

June 12: Groups call for recognition of pro-democracy activists, martyrs

"There is no administration since 1999 that can be acknowledged as the Baby of the…

2 hours ago

Welcome

Install

This website uses cookies.