The Court of Appeal in Abuja has upheld a judgment stopping the Directorate of Road Traffic Services and Vehicle Inspection Officers from halting motorists, seizing vehicles, or issuing fines.
In a unanimous decision, a three-member panel ruled that there was no reason to set aside the Federal High Court judgment delivered on October 16, 2024, which barred VIO officials from harassing motorists.
The appeal filed by the VIO was rejected for lacking merit in the lead judgment delivered by Justice Oyejoju Oyewumi.
Earlier, Justice Nkeonye Maha of the Federal High Court had ruled that no existing law authorises VIO officers to stop, impound, seize, or fine motorists.
That ruling followed a fundamental rights case, FHC/ABJ/CS/1695/2023, filed by public interest lawyer Abubakar Marshal.
Marshal told the court that VIO operatives forcefully stopped him at Jabi District on December 12, 2023, and seized his vehicle without any lawful basis.
He asked the court to declare their actions wrongful, oppressive, unlawful, and a blatant violation of his fundamental rights.
Justice Maha granted all the reliefs sought, restraining the DRTS, its agents, and representatives from impounding vehicles or imposing fines, describing such actions as unlawful and oppressive.
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 has the power to impose fines or sanctions on motorists.
She further ruled that the respondents violated the applicant’s constitutional rights to 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 the legal authority to impound vehicles or issue fines, stressing that such actions violated 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, and Articles 2, 7(3), 12 and 14 of the African Charter.
Marshal, represented by a legal team led by Femi Falana (SAN), had demanded N500 million in damages and a public apology in three national newspapers.
However, the court awarded N2.5 million in damages.
The respondents included the DRTS, its Director, the Abuja Area Commander known as Mr Leo, the team leader, Mr Solomon Onoja, and the Minister of the Federal Capital Territory.
Unhappy with the judgment, they appealed—but the Court of Appeal dismissed it on Thursday, affirming the lower court’s decision.
