By Eseoghene Emuke
Popular human rights activist, Mr Omes Ogedegbe says the Delta State Traffic Management Authority (DESTMA) does not have the powers under the law establishing the agency to impound vehicles of motorists.
Ogedegbe stressed that the law establishing DESTMA only empowers it for traffic control and management.
The lawyer stated this while reacting to a public announcement by DESTMA to impound vehicles, arrest and prosecute users of illegal number plates, illegal cover number plates, expired number plates and non registered vehicles in the State.
The agency said the enforcement will begins on Tuesday, January 21, 2020.
But Ogedegbe in a statement faulted the agency’s directive, saying DESTMA was over stepping its bounds as no law confers them with such powers to impound vehicles belonging to motorists in line with the announcement.
A copy of the statement made available to NIGER DELTA TODAY on Tuesday urged DESTMA to respect the law and operate within the law.
He said, “We are not in Britain with unwritten laws, in Nigeria all our laws are in black and white.
“The DESTMA law 2013 empowers the agency solely for traffic control and management. No section of the law empowers the agency to impound vehicles of motorist.
“The power assumed by the agency is arbitral and therefore disobedience to same shall only become a duty. While I am sure same is already targeted at some individuals I make bold to state the agency and the governor cannot enlarge the powers of the agency as it is set up by law.
“While, we forgive the ignorance in the announcement, we demand a retraction of the vexatious announcement reproduced here under thus.”
Ogedegbe further stated that the directive by DESTMA will opens another rounds of litigation on the power of the agency under the law.
“The above is truly a tale by moonlight…full of sound and fury yet signifying nothing. Power intoxication at its peak. DESTMA is in another round of courtship with litigation”, the statement added.
Meanwhile, in the statement signed by DESTMA’s Director of Information, Dona Obuseh, said the agency will ensure that defaulters of the directive have their cars impound and prosecuted.
The DESTMA public announcement reads, “It is hereby announced for the information of the general public particularly motorists that the Delta State Traffic Management Authority (DESTMA), will on Tuesday, January 21, 2020, commence impounding of vehicles, arrest and prosecute users of illegal number plates, illegal cover number plates, expired number plates and non registered vehicles in the State.
“For the avoidance of doubt, only the State Governor, Deputy Governor, Speaker, Deputy Speaker, and the Chief Justice are authorized to use covered number plates. Illegal use of covered number plates and expired number plates is therefore punishable under the DESTMA Law of 2013 as approved.
“Consequently, DESTMA hereby give 21-day notice to all affected to desist from covering their number plates, using expired plate numbers and to registered their vehicles as failure to do so would lead to impounding of such vehicles, arrest and prosecute offenders.”
