BY IFEANYI UWAGWU/JUMAI NWACHUKWU
The Director-General, Delta State Traffic Management Authority (DESTMA), Hon. Benjamin Okiemute, says that the agency is not aware of any recent court judgment against it declaring its powers to arrest motorists, confiscate vehicle number plates and impose fines as illegal and unconstitutional.
The DG made this disclosure today during a press briefing with journalists in Asaba, while reacting to a publication circulating on various social media platforms over the weekend, which stated that a state High Court in Warri had ruled against the agency having any authority to determine guilt.
According to him, the agency under his watch has not been a party to any suit nor notified of any court proceedings against it; therefore, it was not aware of any court judgment against it, while also questioning the credibility of such a judgment. “The traffic authority can categorically say that it is not aware of any court proceedings against it in any court across the state or outside the state.
So, I can say that any report of a recent judgment against us is misleading and false. Moreover, the viral post stated that the said judgment was delivered on 10th January 2026, which incidentally was on a Saturday. Is there any court in the world that sits and passes judgment on a weekend?” he queried.
Okiemute, however, stated that the agency has always been on the right side of the law, with key provisions of the Delta State Traffic Management Authority Law empowering it to punish traffic offenders, which was why the agency established mobile courts to try traffic offenders and dispense justice in tandem with existing traffic laws.
“DESTMA, right from time as an agency of government, has laws empowering it to enforce road traffic laws, and when violators are apprehended, they are made to know the severity of their offence and the penalties for such. If they are not satisfied, they can face our mobile courts where they are tried and, when found guilty, are penalised in accordance with the gazetted DESTMA laws of 2013,” he said.
The DG also used the opportunity to encourage motorists and other road users to always obey road traffic regulations.
Part of the controversial court order had held that a Delta State High Court sitting in Warri delivered a sweeping legal blow to the Delta State Traffic Management Authority (DESTMA), declaring its powers to arrest motorists, confiscate vehicle number plates and impose fines as illegal, unconstitutional, and null and void.
It also stated that the judge, Justice Ejiro Emudainowho, ruled that key provisions of the Delta State Traffic Management Authority Law, 2013, which empowered DESTMA to punish traffic offenders, directly conflict with the 1999 Constitution of the Federal Republic of Nigeria.
The ruling arose from Suit No: W/348/2016, Chuks Christian Ofili v. Attorney-General of Delta State & DESTMA.
In his decision, Justice Emudainowho struck down Section 18(1) of the DESTMA Law, holding that it “violently conflicts” with Sections 6(2), 6(5)(a) and 272(1) of the Constitution, which vest judicial powers exclusively in the courts.
The court stressed that no executive agency has the authority to determine guilt, impose fines or administer punishment outside a court of law.
The judge further held that DESTMA officials lack the legal competence to arrest motorists, impose penalties or seize vehicle number plates, describing such actions as a clear usurpation of judicial powers.
