Court fines Oshodi-Isolo LG N1m
By ECHONEWS
For not being able to convince the court that the persons who arrested and extorted N28,000 from a motorist were not its officials, an Ikeja High Court has fined the council N1million.
The court also ordered the return of the N28,000 to the motorist. A motorist, Mr. Louis Idahosa had gone to court to ask for his fundamental human right to fair hearing following the arrest of his vehicle for taking one-way and the payment of N28,000 as fine for the alleged offence.
On August 28, 2019, persons, who claimed to be staff members of Oshodi-Isolo LG had impounded a Toyota Corolla car with registration number KRD551CZ along Oyetoyo Street in front of the Oshodi-Isolo LGA, alleging the driver of driving against traffic -one-way.
They had taken the car with the driver and the owner to the council Secretariat, detained them and forced them to pay N28,000 into the local government treasury.
The car owner had thereafter charged the local government to court.
Delivering judgment, the preceding judge, Justice Obafemi Adamson said local governments lack the constitutional power to impound vehicles and to inflict traffic related penalties on road users.
The judge said that threatening, harassing and extorting N28,000 from Idahosa by Oshodi-Isolo LG officials and impounding his vehicle under the guise that he drove “one-way” was illegal.
Justice Adamson noted that the applicant’s fundamental human rights as enshrined in Sections 34, 36, 41(1) and 44 the 1999 Constitution was breached by the local government.
The judge ordered the local government to refund Idahosa the N28,000 and gave an injunction restraining Oshodi-Isolo LG from harassing road users.
“An Order is hereby granted directing the respondents (Oshodi LGA) to refund to the applicant (Idahosa) N28,000 which was extorted from him under the guise that he drove one-way without affording him fair hearing.
“An Order of perpetual injunction is hereby granted restraining the respondent or its agents from harassing, threatening or arresting motorists or road users for traffic offences, imposing fines and impounding vehicles.
“Doing so is ultra vires (beyond legal power or authority) their powers outlined under the 1999 Constitution of the Federal Republic of Nigeria (as amended),” Justice Adamson said.
In addition to the N1million compensation awarded in favour of the applicant for breaching his right to a fair hearing and freedom of movement, Justice Adamson also awarded a cost of N100,000 against the counsel for Oshodi-Isolo LGA, Mr. L. O. Mazoke.
Idahosa had via his counsel, Mr. Emmanuel Eze, filed a fundamental human rights suit dated September 3, 2019 against Oshodi-Isolo LGA.
According to Eze, Idahosa on August 28, 2019 while being driven by his driver in his Toyota Corolla car with registration number KRD551CZ along Oyetoyo Street in front of the Oshodi-Isolo LGA, they were accosted by six men who were not in uniform.
“They stopped and arrested Idahosa and his driver, insisting that the driver contravened traffic laws by driving one-way and were taken into the LG office.
“Idahosa insisted that if any crime had been committed, he and his driver should be arraigned in court.
“Officials of the respondent did not agree to an arraignment but resorted to harassing, intimidating and threatening them with continuous detention.
“The applicant was forced to pay N28,000 into the respondents treasury.
“He however discovered that only N25,000 was written on the receipt issued and upon enquiry, he was informed that the outstanding N3,000 was gate pass fee,” Eze said.
Oshodi-Isolo LG in court documents however denied extorting Idahosa, noting that the persons who arrested and extorted the applicant and his driver were not staff of the LGA.
The local government also noted that it did not authorise anyone to extort money from the applicant.
