The Court of Appeal, Abuja Division, has upheld a judgment restraining the Directorate of Road Traffic Services (DRTS) and Vehicle Inspection Officers (VIOs) from stopping motorists, seizing vehicles, or issuing fines.
A three-man panel, in a unanimous decision yesterday, affirmed the October 16, 2024 ruling of the Federal High Court, which declared such enforcement activities by VIO officials unlawful.
Delivering the lead judgment, Justice Oyejoju Oyewumi dismissed the VIO’s appeal for lacking merit, holding that the lower court acted within the law in curbing what it described as arbitrary conduct by traffic enforcement officers.
The trial judge, Justice Nkeonye Maha, had ruled that no statute empowers VIO personnel to stop motorists, impound vehicles or impose fines, stressing that the agency exceeded its mandate.
The judgment followed a fundamental rights suit—FHC/ABJ/CS/1695/2023—filed by Abuja-based lawyer, Abubakar Marshal, who told the court that VIO operatives forcibly stopped him in Jabi on December 12, 2023, and confiscated his vehicle without lawful grounds.
Justice Maha granted all reliefs sought, declaring the VIO’s actions oppressive, unlawful and a violation of Marshal’s fundamental rights. She further restrained the DRTS, its officers and agents from impounding vehicles or imposing penalties on motorists.
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The court also issued a perpetual injunction preventing further violations of Nigerians’ rights to freedom of movement, presumption of innocence, and the right to own property.
The judge held that only a court of competent jurisdiction could impose sanctions or fines on motorists.
She further ruled that the respondents had violated the applicant’s constitutional right to own property under section 42 of the 1999 Constitution (as amended) and Article 14 of the African Charter on Human and Peoples’ Rights.
The court held that the respondents lacked statutory powers to impound vehicles or impose fines, stressing that doing so breached motorists’ rights to fair hearing, freedom of movement, and presumption of innocence under Sections 6(6)(b), 36(1), 36(8), 36(12), 41 and 42 of the Constitution, as well as Articles 2, 7(3), 12 and 14 of the African Charter.
Marshal, represented by a legal team led by Femi Falana (SAN), had sought N500 million in general and aggravated damages and an apology in three national newspapers.
The court instead awarded N2.5 million in damages.
The respondents included the DRTS, its Director, the Abuja Area Commander, identified as Mr. Leo, the team leader, Mr Solomon Onoja, and the Minister of the Federal Capital Territory.
Dissatisfied with the ruling, they lodged an appeal, which the Court of Appeal dismissed on Thursday, thereby affirming the lower court’s decision.
