A Lagos High Court sitting in Ikeja has ordered the Oshodi/ Isolo Local Government Area to pay N1.2million as damage to a lawyer Iwowo Anthony for the illegal impounding of his car by officials of the local government over an alleged traffic offence.
Iwowo had dragged the LGA before the court for impounding his vehicle over an alleged traffic offence.
Delivering judgment in the suit, Justice D.T Olatokun ruled that Oshodi-Isolo L.G.A, it’s chairman and officials lack the constitutional power to impound vehicles and to inflict traffic-related penalties on road users, motorists and owners.
The court also declared that the detention of the claimant’s vehicle from April 9, 2021, to April 12, 2021, by the officials of the local government constitutes a grave violation of his fundamental rights to freedom of movement, right to a fair hearing, right to own property and compulsory acquisition of property.
The court further ruled that the arrest, impounding, harassing, threatening, continuous detention and extorting money from road users/motorists/owners by the respondents is ultra vires their powers outlined under the 1999 Constitution of the Federal Republic of Nigeria and therefore illegal.
The Court, therefore, awarded exemplary damages of N1Million against the L.G.A and its chairman for the wanton and grave violation of his rights
The Court further ordered the local government to refund the N25,000 the claimant paid as a fine.
