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Contempt: LASTMA Official Risks Jail

An official of Lagos State Traffic Management Authority, LASTMA, called Awotola attached to LASTMA office at Zone 15, Iponri, Lagos State, southwest Nigeria, may be on his way to prison. A Lagos-based lawyer, Barrister Ganiyu Adebanjo has commenced a committal to prison proceeding against him for allegedly disobeying an order of a Federal High court.
In a judgment delivered on 30 July, 2012 by Justice Mohammed Idris, the Federal high court ordered LASTMA and the state Commissioner for Transportation to release the lawyer’s car illegally towed and pay him the sum of N80,000 monthly as special damages and another N3 million as general damages.
But the defendants did not only refuse to release the lawyer’s car, they also disobeyed the order of the court by not paying the damages.
Barrister Adebanjo stated that the incident which led to the committal to prison proceedings started on 13 June, 2012, when he discovered that his car, a Toyota Corolla with registration number Lagos TA 73 KJA was no longer where he parked it. He then rushed to Denton Police station, Oyingbo to lodge a complaint about a stolen vehicle. The police advised him to check first at the nearby LASTMA office before they could enter his complaint.
He heeded the advice and went to LASTMA office, Iponri. He was shocked when he got there and saw his car parked there.
All attempt he made to find out the offence he has committed was rudely and stoutly rebuffed. Instead, he was directed to a ticketing officer who gave him two tellers of a commercial bank. He was then ordered to go and pay N10,000 for towing his vehicle and another N7,000 as fine for an undisclosed traffic offence he had allegedly committed.
Thereafter, he made all efforts to seek audience with a superior LASTMA official all to no avail.
As a law-abiding citizen, he then filed a suit at a Federal High court to enforce his right to own property. He contended that his vehicle did not obstruct free flow of traffic, there was no sign of “No parking” in the area the car was parked. He has been parking his car there since 2009. Others also park their vehicles there. In fact the area is designated as a parking slot.
The LASTMA official and other defendants were duly served but they did not file any defence neither were they represented by any counsel.
In view of this, the court accepted his averments to be the truth since they were not challenged, neither were they controverted.
In his judgement, Justice Mohammed Idris said those who are endowed in our law to carry the burden of enforcing our laws have the responsibility with care and trust for the citizenry. They must never be intoxicated by the very wide and enormous powers made available to them by the law; for its own cause and for the benefit of the citizens to molest, harass, intimidate and cage the citizens they are meant to protect.
Justice Mohammed then ordered the defendant, to pay the damages and release the lawyer’s car.
But the defendants bluntly refused to obey the court orders.

By Akin Kuponiyi

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