THE judgment of a Federal High Court in Lagos, stripping the Lagos State Traffic Management Authority (LASTMA) of power to impose fines for traffic offences and declaring some sections of the agency's enabling law unconstitutional, has unearthed a constitutional issue. The state's intention to seek redress in a higher court, following its objections to the judgment, will surely test the validity or otherwise of the judgment. But there is need for a law not just to protect interest of the public but also to enhance the workability of the system. The development may in the long run help to eliminate perceived abuse of the agency's statutory dutiesJustice Okon Abang had declared that although LASTMA can arrest traffic offenders, it lacked the power to impose any fine, as such is invested only in the court of law. Justice Abang stated that imposition of fine on any offender amounted to LASTMA being a judge in its own court. In addition, he held that sections 9,11,12 and 13 of the law establishing the agency were unconstitutional and of no effect. In particular, the judge said the sections ran contrary to section 36 of the country's constitution which provides every citizen a right to fair hearing.LASTMA was directed to pay the complainant, Mr. Jonathan Odutola, N500,000 as damages, after he approached the court to determine whether it was right for the agency to unlawfully impound his car and slam illegal fine on him under certain circumstances.State governor, Babatunde Raji Fashola, SAN, reacted to the court's pronouncement, saying the state has residual authority to legislate on municipal issues under which road traffic falls. He also argued that as exists elsewhere in the world, there is usually the provision for either the summary payment of fine or the option of a trial.The issue in contention is a typical example of the imperfections of the federalism the country runs. Similar disagreements have been raised in the past especially between the states and federal government, on matters bordering on control of resources, revenue sharing, issuance of driver's licence (in Lagos) among other matters.The constitutional role of the court as an umpire is certainly not in doubt. Unfortunately, allowing the court as the sole arbiter on traffic offences will likely pose more problems, as the courts are already overcrowded with litigations. Too many cases are dragging as the wheels of justice grind slowly, thus leaving the public with a perception that the Judiciary, rightly or wrongly, is an impediment of social justice in the country. The present situation calls for strengthening of the institutions through comprehensive reforms that would grow the system. For instance, effective use of mobile courts, fully empowered to handle traffic matters, could free the normal courts for more serious issues.LASTMA has its merits, in the control of traffic, against the backdrop of lawless tendencies of many motorists, and in the peculiar bottleneck that characterises Lagos traffic on daily basis. Their absence on the roads on any given day is likely to compound the chaos on most routes. To that extent, the judgment against LASTMA should not dampen their commitment to free flow of traffic. What the organisation needs is more public cooperation and understanding. As Governor Fashola stated, LASTMA could be a local solution to a unique traffic problem, subject to innovations.The model should be improved upon. But the government needs to respond adequately to the excesses of the agency's officials, who have variously been accused of high handedness, extortion and exhibiting corrupt tendencies. They are often seen more like a menace on the roads, the scales weighing heavily against the public service they are supposed to render. Government surely has not done enough to erase these negative public impressions.Posers have also been raised about their perceived violation of human rights, reflected in incidents of clashes between the agency's officials and commercial motorists. A traffic management authority ought to be a responsible body. The disposition of some of the officials with the armed policemen that accompany them leaves much to be desired. They do not have to exhibit force at all to carry out their lawful duties. There should be better ways to handle recalcitrant motorists.LASTMA officials on the roads should represent a decent organisation, conceived with good intentions. They need more training and constant orientation to be more accommodating of motorists. The management should rid itself of bad eggs in its fold as is normal with other establishments. The state government can harmonise the legion of traffic control men on the roads, as well as LASTMA's overlapping functions with Federal agencies where applicable. By-laws should be operation-specific to avoid legal disputes such as the current case LASTMA is involved in.
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