Court bars Edo govt, EDSTMA from impounding, auctioning of vehicles

From Tony Osauzo, Benin

This followed a suit filed by a Lawyer, Chukwuka Jonathan Enegide, against the government, EDSTMA, its managing director, and three others for impounding his vehicle over alleged traffick violations without recourse to the court.

The applicant had sought a declaration of the court granting of absolute power to compulsorily take possession of citizens’vehicles, impound same indefinitely, impose fines, penalties and to auction same without affording them any opportunity of hearing is unconstitutional, illegal and viod.

Besides, he urged the Court to determine whether the relevant section of EDSTMA law granting absolute power to impound, auction vehicles or demand payment without recourse to the court is inconsistent with sections 1, 3, 35, 44 and 72 of the 1999 Constitution among other declarations.

In his ruling, the Justice P.A. Akhihiero, held that the applicant was able to prove his case and therefore granted the declaration sought.

The judge also awarded N5 million as aggravated/exemplary damages against the defendants and N200, 000 as costs to the applicant.

“The relevant section of the EDSTMA law granting absolute power to impound and auction vehicles or demand payment of penalties without recourse to the courts are inconsistence with sections 1,3,36,44, and 75 of the 1999 Constitution and are declared null and void to the extent of inconsistency,” the judge held.

The Court also declared that the respondent’s illegal act of extortion, unlawful forcible seizure and compulsory acquisition of the applicant’s vehicle and its detention was unconstitutional and a violation of his right to fair hearing and property as guaranteed by the Constitution.