It was a sigh of relief for motorists as court strikes down DESTMA power to arrest and fine motorists in Delta State.
This came following a High Court landmark judgment which declared that the Delta State Traffic Management Authority DESTMA has no “locus standi” or legal authority to arrest motorists, impose fines or impound vehicles in Delta State.
The court ruled that the enabling law establishing DESTMA does not confer powers of arrest prosecution or fine imposition on the agency or its officers adding that such powers are vested exclusively in the Nigeria Police Force and other agencies expressly empowered by law.
In its judgment the court described DESTMA’s enforcement actions including arrests fines and vehicle impoundment as “ultra vires” meaning beyond its legal authority and therefore null and void. The ruling effectively strips the agency of its core enforcement powers and renders its past practices unlawful.
The court further held that motorists who were arrested fined or had their vehicles seized by DESTMA under these unlawful practices are entitled to seek redress including refunds and damages through the courts.
The judgment follows years of widespread complaints by commercial and private motorists across Delta State who accused DESTMA operatives of harassment extortion illegal towing and abuse of power under the guise of traffic enforcement.
Following the ruling celebrations broke out across motor parks and transport corridors in Asaba Warri Sapele Ughelli and other parts of the state as drivers and transport unions described the decision as liberation from what they called daily oppression on the roads.
Some stakeholders however expressed concern that the judgment could weaken traffic control and enforcement if the state government does not urgently put alternative lawful measures in place to maintain order on Delta roads.
Legal analysts say the ruling means DESTMA can now only function in traffic control education and advisory roles unless the Delta State Government appeals the judgment or amends the agency’s enabling law to clearly define and legalise its enforcement powers.
The Oborevwori administration is now under pressure to respond either by filing an appeal restructuring DESTMA or introducing a new legal framework to prevent a vacuum in traffic management and enforcement across the state.
