Court Didn't Abolish DESTMA Statutory Mandate To Regulate, Arrest Traffic Offenders, DG


By Admin 

The Delta State Traffic Management Authority (DESTMA) has said the court in its recent judgment did not strip off the statutory power of the agency to regulate, enforce and arrest traffic offenders across the state.

The Director General, stated this in a press statement signed by Mr. Chris Okinedo, expressed concern over the misleading interpretations of the judgment delivered in Suit No. W/348/2016: Chuks Christian Ofili v. The Attorney-General of Delta State & Delta State Traffic Management Authority (DESTMA).

The state read that “The Delta State Traffic Management Authority (DESTMA) has noted with concern a media publication circulating in the public space regarding a judgment delivered by the Delta State High Court, Warri Judicial Division, in Suit No. W/348/2016: Chuks Christian Ofili v. The Attorney-General of Delta State & Delta State Traffic Management Authority (DESTMA).”

“DESTMA wishes to state clearly that the said publication misrepresents the scope, intent, and legal effect of the judgment.”

“The judgment in question relates specifically to the interpretation of Section 18(1) of the Delta State Traffic Management Authority Law, 2013, particularly as it concerns the administrative imposition of fines and penalties without recourse to a competent court of law.”

“Contrary to misleading narratives, the court did not abolish DESTMA, nor did it invalidate its statutory mandate to regulate traffic, enforce traffic laws, arrest traffic offenders, and ensure road safety across Delta State.”

“The Court emphasized that fines and penalties must be imposed by a court of competent jurisdiction, in line with the provisions of the Constitution of the Federal Republic of Nigeria, and not administratively by enforcement officers.”

“This position aligns with constitutional safeguards and due process.”

“Accordingly, DESTMA operates strictly within the framework of the law, and traffic offenders are lawfully charged before competent courts, including duly constituted mobile courts, for adjudication, conviction, and imposition of fines as prescribed by law.”

“DESTMA remains a law-abiding authority, guided by subsisting court decisions, legal advice from the Office of the Honourable Attorney-General of Delta State, and subsequent legal developments affecting its operations.”

“Members of the public are advised to disregard misleading interpretations and false claims suggesting that DESTMA lacks legal authority or operates outside constitutional bounds.”

“DESTMA reaffirms its unwavering commitment to professionalism, constitutional compliance, and the safety of all road users in Delta State.”

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