The Department of Road Traffic Services (DRTS), known as Vehicle Inspection Officers (VIO), has confirmed it will certainly appeal the ruling that prohibits it from impounding vehicles and imposing fines on motorists.
Deborah Osho, the Acting Director of DRTS, said that the Federal Capital Territory has seen increasing lawlessness since the High Court decision.
The Court of Appeal in Abuja upheld the lower court’s October 16, 2024 judgment, which prevents VIO officers from stopping motorists, confiscating vehicles, or imposing fines. A three-member panel unanimously dismissed the VIO’s appeal as without merit, with Justice Oyejoju Oyewumi delivering the lead judgment.
Reacting to the ruling, Osho said, “We will certainly appeal. As a correspondent, do you see what is happening in the city right now? Don’t you see how dirty the city is? I don’t know why we Nigerians don’t like to be corrected.”
She explained that despite issuing tickets as an alternative, offenders have accumulated over N409 million in unpaid fines, making traffic management ineffective without enforcement.
“We don’t even impound like that. What we do is, if you commit an offence, whether you take it or go away, you are already captured, and your bill will be sent to you. If I give you my laptop now, we have almost 409 million not paid, because they won’t come to pay, and because we cannot enforce our arrest or do anything.”
“Have you ever seen anywhere in the world where traffic is well coordinated without enforcement, and you think it will go well?” she asked.
The ruling by Justice Nkeonye Maha of the Federal High Court followed a fundamental rights suit filed by public interest lawyer Abubakar Marshal. Marshal alleged that VIO officers unlawfully stopped and confiscated his vehicle on December 12, 2023, at Jabi District.
Justice Maha declared that VIO officials have no legal power to stop, seize, or fine motorists and called their actions oppressive and unlawful. The court issued a perpetual injunction to prevent further violations of motorists’ constitutional rights, including freedom of movement, presumption of innocence, and property ownership.
The judge ruled that only a competent court may impose sanctions or fines, and that the VIO’s actions breached several provisions of the 1999 Constitution and the African Charter on Human and Peoples’ Rights.
Marshal, represented by a legal team led by Femi Falana (SAN), sought N500 million in damages and a public apology, but the court awarded N2.5 million instead.
Respondents in the case included the DRTS, its Director, Abuja Area Commander Mr. Leo, team leader Mr. Solomon Onoja, and the Minister of the Federal Capital Territory.
After the Court of Appeal dismissed their appeal, the DRTS has vowed to take the matter to the Supreme Court.
