Mr Louis Idahosa, a private motorist who was extorted of N28,000 by the Oshodi Local Government Council officials in Lagos has been awarded compensation of the sum of N1 million by an Ikeja High Court.
Idahosa was extorted of the said amount for allegedly driving against traffic (wrong-way driving),
Justice Obafemi Adamson stated that it was not part of the constitutional duties of local governments to impound vehicles and inflict traffic-related penalties on road users.
The judge described the action the officials took as illegal, saying it is contrary to fundamental human rights as contained in Sections 34, 36, 41(1) and 44 of the 1999 Constitution.
Aside from the award of N1 million to the applicant for breach of his right to fair hearing and freedom of movement, the judge ordered the local council to refund N28,000 to Idahosa and also gave an injunction restraining Oshodi LGA officials from harassing road users.
The court also awarded a cost of N100,000 against the counsel for Oshodi LGA, Mr L. O. Mazoke.
“An Order is hereby granted directing the respondents (Oshodi LGA) to refund to the applicant (Idahosa) N28,000 which was extorted from him under the guise that he drove one-way without affording him a fair hearing.
“An Order of perpetual injunction is hereby granted restraining the respondent or its agents from harassing, threatening or arresting motorists or road users for traffic offences, imposing fines and impounding vehicles.
“Doing so is ultra vires (beyond legal power or authority) their powers outlined under the 1999 Constitution of the Federal Republic of Nigeria (as amended),” Justice Adamson said.
Idahosa through his legal counsel, Emmanuel Eze filed a fundamental human rights suit on September 3, 2019, against the local government.
The legal counsel stated to the court that Idahosa on August 28, 2019, while being chauffeured in his Toyota Corolla car with registration number KRD551CZ, in Oshodi/Isolo Local Government Area, were accosted by six men who were not in uniform.
“They stopped and arrested Idahosa and his driver insisted that the driver’s wrong-way driving contravened traffic laws.
They were subsequently taken into the Council office.
“Idahosa insisted that if any crime had been committed, he and his driver should be arraigned in court.
“Officials of the respondent did not agree to an arraignment but resorted to harassing, intimidating and threatening them with continuous detention.
“The applicant was forced to pay N28,000 into the respondents’ treasury.
“He however discovered that only N25,000 was written on the receipt issued and upon enquiry, he was informed that the outstanding N3,000 was gate pass fee,” Eze stated.
However, the Oshodi Local Government Council denied extorting Idahosa and his chauffeur in court documents, claiming the persons who arrested and extorted them were not working for the local government.
