iDeemlawfulThe Court of Appeal in Abuja on Thursday upheld the ruling that restrained the Directorate of Road Traffic Services and Vehicle Inspection Officers (VIO) from confiscating vehicles or levying fines on drivers.
In a unanimous ruling delivered by a three-member panel, the appellate court held that it had no grounds to overturn the October 16, 2024 decision of the Federal High Court, Abuja, which barred VIO personnel from harassing motorists on public roads.
As a result, the court dismissed as unmeritorious the appeal filed by the VIO.
The lead judgment was delivered by Justice Oyejoju Oyewumi.It will be recalled that Justice Nkeonye Maha of the Federal High Court previously held that no existing law authorises the VIO to stop, seize, impound or penalise motorists for any violation.
Her ruling stemmed from a fundamental rights enforcement suit, marked FHC/ABJ/CS/1695/2023, filed by public interest lawyer Mr Abubakar Marshal.
The Applicant narrated that VIO officials forcefully halted him at Jabi District in Abuja on December 12, 2023, and unlawfully took his vehicle without any valid basis.
He urged the court to determine whether the officials’ conduct was not wrongful, oppressive, illegal and a grave encroachment on his fundamental rights.
While granting all the reliefs sought, Justice Maha specifically restrained the Respondents and their representatives from impounding or confiscating vehicles or imposing fines on motorists, noting that such actions were wrongful, oppressive and unlawful.
The court also issued a perpetual injunction barring the Respondents — whether personally or through agents, privies or allies — from further infringing on Nigerians’ rights to movement, presumption of innocence and property without legal basis.
Justice Maha affirmed that only a competent court has the lawful authority to impose fines or sanction motorists found to have breached existing laws.
The court further ruled that the Respondents violated the Applicant’s right to property under Section 42 of the 1999 Constitution (as amended) and Article 14 of the African Charter on Human and Peoples’ Rights.
It also held that the Respondents lacked statutory powers to seize vehicles or impose fines, stressing that such conduct violates motorists’ rights to fair hearing, movement and presumption of innocence per Sections 6(6)(b), 36(1)(8)(12), 41 and 42 of the Constitution, as well as Articles 2, 7(3), 12 and 14 of the African Charter.
Although the Applicant, represented by a legal team led by Mr Femi Falana, SAN, requested N500 million in damages and a published apology in three national newspapers, the court awarded N2.5 million.
The other Respondents included the Directorate of Road Traffic Services, its Director, the Abuja Area Commander as of December 12, 2023 identified as Mr Leo, team leader Mr Solomon Onoja, and the Minister of the Federal Capital Territory.
Unhappy with the verdict, the Respondents appealed — an appeal that was dismissed on Thursday.
