A High Court sitting in Asaba has ruled that the Delta State Traffic Management Authority (DESTMA) lacks the legal authority to arrest motorists, impose fines, or impound vehicles anywhere in the state.
In a landmark judgment, the court held that DESTMA’s enabling law does not grant it powers of arrest, prosecution, or fine imposition. The judge affirmed that such powers are vested solely in the Nigeria Police Force and other agencies expressly empowered by statute. As a result, the court declared DESTMA’s past enforcement actions—including arrests, fines, and vehicle seizures—ultra vires and therefore null and void.
The ruling further opened the door for affected motorists to seek legal redress, including refunds of fines paid and claims for damages arising from unlawful arrests or seizures.
The decision follows years of complaints by commercial and private motorists across Delta State, who alleged harassment, extortion, illegal towing, and abuse of power by DESTMA operatives under the guise of traffic enforcement.
News of the judgment sparked celebrations across major transport hubs in Asaba, Warri, Sapele, Ughelli, and other parts of the state, with drivers and transport unions hailing the verdict as a relief from what they described as routine road harassment.
However, some stakeholders cautioned that the judgment could weaken traffic regulation if the state government fails to promptly introduce lawful alternatives to maintain order on the roads.
Legal experts say the ruling confines DESTMA to traffic control, education, and advisory functions unless the Delta State Government successfully appeals the judgment or amends the agency’s enabling law to clearly define and legalise enforcement powers.
Pressure is now mounting on the Oborevwori administration to respond, either by pursuing an appeal, restructuring DESTMA, or initiating new legislation to prevent a regulatory vacuum in traffic management across Delta State.
