An Osun State High Court, sitting in Iragbiji has declared the action of the State Government contracting traffic enforcement action on a non-uniform consultant as illegal.
Justice G. O. Lawal, who presided over the court while delivering judgment in a suit initiated against the State government and its consultant MSC Maintenance Systems Consult by Raufu Olaiya LTD and Rauf Olaiya, said delegating traffic law power to a body strange to the law was null and void.
The court, having resolved all the issues raised for determination in favour of the applicant and granted his reliefs, awarded the sum of N2million against the state government in favour of the applicant as damages for detaining his truck and goods unlawfully.
Olaiya had through his counsel, Adeshina Olaniyan in his originating summons, accused MSC consult, which claimed to be acting of the state government of besieging his office located around Ayetoro area, Osogbo, with weapons and chased some of his drivers away, alleging that they parked the trucks in a restricted area which were towed forcefully without any court order to that effect.
He added that the sum of N180,000 was forwarded in two different letters by the defendant as fines for the two trucks.
The applicant’s lawyer, Adeshina Olaniyan in his originating summons, asked the court to determine “Whether the provision of the Road Traffic (Amendment) Law 2008 empowers the defendant to seize and detain the vehicle of the applicant having not been tried and found guilty by a competent court of law.
“Whether the provision of Road Traffic (Amendment) law 2008 empowers the 3rd defendant to impose/fine on defaulting person without being fined by a court of law and found guilty of the offence.
“Whether the detention and seizure of the applicant’s vehicles by the defendants under the provision of Road Traffic (Amendment) law 2008 with reference to seventh schedule (further penalties) for General Road users and other commercial activities in Osun State is not in violation of the provision of section 6(6)(b) and section 44 of the 1999 Constitution as amended.
The lawyer also sought a determination as to “Whether the imposition of arbitrary fines on the applicant’s trucks without trial and conviction by a competent court of law under the provision of the Road Traffic (Amendment) law 2008, the 7th schedule is not violated and runs foul of the judicial function of the court as entrenched in section 6(6)(b) of the 1999 Constitution amended.
“Whether the provision of the Road Traffic (Amendment) law 2008 empowers the 1st and 2nd defendants to delegate the control of Traffic on the 3rd defendant who is not a uniform man in line with the provision of Section 90 subsection 1 of the Federal Road Safety Commission Act to control Traffic.”
Olaniyan added that if the issues raised are resolved against the defendant, the claimant will seek a declaration that the detention of his trucks with registration numbers YA 627 CHC and XC 778 AKK without an order of a competent court of law by the defendants is unlawful and ultra vires of the law.
“A declaration that the demand for the payment of levies and fines from the applicant is ultravires and unconstitutional.
“An order of the court ordering the unconditional release of the applicant trucks and an order of the court prevailing and ordering that the collection of levies/fines or attempting to collect fines and/or levies from the applicant by the 3rd defendant for a traffic violation without an order of a court of law is violative of the law.
“Declaration that the delegation of power to the 3rd defendant for controlling traffic in Osogbo and its metropolis to non-uniformed personnel in effect the 3rd defendant is violative of the provision of the law.
“An order of the perpetual injunction restraining the defendant, their agents, servants and privies for collecting levies, dues and arresting vehicles without any court order to that effect.”
However, Justice Lawal dismissed the plea of the Chief state counsel, B.O Afolayan, to dismiss the case in its entirety before giving her final verdict.