The Government seized and sold our vehicles

On the 16^th day of September, 2022, something happened at Oshodi, Lagos state that led to lot of uproar on the internet.

The bashing from both sides of the divide seemed to have caused trouble both online and offline.

The dreaded Lagos Agency in charge of traffic management and law enforcement, known as “LASTMA” had auctioned vehicles that were in the Agency’s custody. I am not sure what prompted the uproar, whether it was the tears of the actual owners of the vehicles in seeing their vehicles being given out for far lesser amount than its worth, or the already existing anger of Lagosians towards officers of this Agency.

There are two main Laws at work here, i.e, the Lagos State Traffic Management Authority Law (as Amended) 2008 and the Lagos State Road Traffic Law 2012. The second which came into force under the Babatunde Raji Fashola (SAN) administration on the 2^nd day of August 2012, and listed certain traffic offences and the punishment attached to them. I would post a link listing the various offences and the punishment at the end of this write up, so you know exactly what you are dealing with every time you set out with your car on the streets of Lagos.

So, according to the both laws, officers of the Lagos State Traffic Management Authority (LASTMA), Vehicle Inspector Officers and Police officers have the power to arrest traffic offenders, impound offenders’ vehicles when necessary, allow offenders to pay the stipulated fines under the Law and prosecute offenders.

Usually, it works like this, when any of the officers of the above agencies lay hold of an offender, they most likely prosecute the offender and take that offender before a mobile court. A mobile court is actually a makeshift court that is presided over by a Magistrate. This court is most often than not in an open space. If found guilty by the court, the Magistrate convicts the offender and gives a sentence accordingly.  The sentence can either be a fine or imprisonment, it all depends on the offence. When the sentence is payment of a fine, the offender is to pay the fine, if at that moment he/she cannot, the vehicle is of course impounded and kept at the Agency’s office until the payment is made.

Now herein comes the problem.  Section 15 (3) of the Lagos State Traffic Management Authority Law provides that when a vehicle has been impounded, the offender (most likely the owner of the vehicle) has six (6) weeks to reclaim the vehicle. If he/she fails to do so, the said vehicle is then given to the State Government who has the right to dispose of the said vehicle as it deems fit.

The second law, the Lagos State Road Traffic Law 2012 has similar provision. Section 17 of the said law says that the owner of the vehicle has one month to reclaim his/her vehicle, or the said vehicle would be given to the State Government which would in turn sell the vehicle by public auction.

If you look closely, the second law clearly states what the government can do with such vehicles, that is only to sell by public auction. The first law simply said as the government deems fit, that implies, they can decide to donate it, crush it, sell it or whatever.

Clearly, it means after the vehicle has been impounded, the offender has the maximum of one month, I would not say 6 weeks, because that is just too risky, to pay the fines, or have the fate of his/her vehicle decided by the Lagos State Government.

Note: the sale is not by the officials of the agency that impounded the vehicles, but by the state government.  You might say that the law is harsh or wicked, but there lies the problem, until it is changed, the law is the law.

The harsh question to be asked about the incident of Friday, the 16^th of September, 2022 is, whether those auctioned vehicles had been in the custody of the Traffic Management Authorities for a period longer than that stipulated in both laws (i.e six weeks and one month). If yes, then the authorities have no question to answer. If the answer is negative, then the auction was illegal.

I have colleagues who have argued the issue of fair hearing (which is a paramount doctrine of law), and also the issue of notice of auction. Both are quite valid, but the very fact that an offender was taken before a magistrate after the arrest is fair hearing. Although I know that, and permit me to say, these mobile courts look like they were designed to frustrate the offenders rather than hear them out. As for the issue of notice, the Auction Law of Lagos state didn’t state that that the Auctioneer should give any form of notice to the public whenever an auction is about to take place, except it is a landed property that is being auctioned. I however think this is bad law. But like I said earlier, whether harsh or not, the law is the law until it is repealed (revoked). Also, for the fact that the owners of the vehicles were present at the scene of the auction shows that they were one way of the other notified.

I really don’t know how to end this article. I feel pained for the owners of the vehicle, but sadly it is what it is.

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