The Court of Appeal in Abuja has upheld a Federal High Court judgment barring the Directorate of Road Traffic Services (DRTS) and Vehicle Inspection Officers (VIO) from confiscating vehicles or issuing fines to motorists.
In a unanimous decision delivered on Thursday, a three-man panel of the appellate court ruled that it had no reason to set aside the earlier judgment of October 16, 2024, which restrained VIO officials from harassing motorists on the roads. Consequently, the appeal filed by the VIO was dismissed for lacking merit.
Justice Oyejoju Oyewumi delivered the lead judgment.
The earlier ruling by Justice Nkeonye Maha held that no law empowers VIO personnel to “stop, impound, confiscate, seize or impose fine on motorists for any form of violation.” The case originated from a fundamental rights enforcement suit, FHC/ABJ/CS/1695/2023, filed by public interest lawyer, Mr. Abubakar Marshal.
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Marshal told the court that on December 12, 2023, he was forcibly stopped by VIO personnel at Jabi District, Abuja, and his vehicle was seized without legal basis. He asked the court to determine whether the officers’ conduct was not “wrongful, oppressive, unlawful and a gross violation of his fundamental human rights.”
Justice Maha granted all the reliefs sought and issued an order restraining the Respondents and their agents “from impounding and confiscating vehicles or imposing fine on any motorists,” describing such actions as unlawful and oppressive. A perpetual injunction was also issued against further infringements of citizens’ rights to movement, property, and presumption of innocence.
The court stressed that only a competent court can impose fines or sanctions on motorists found to have violated the law. It held that the Respondents breached Marshal’s property rights under Section 42 of the 1999 Constitution (as amended) and Article 14 of the African Charter on Human and Peoples’ Rights.
Justice Maha further held that the VIO lacked the legal authority to impound vehicles or impose fines, noting that such actions violate motorists’ rights to fair hearing, movement, and presumption of innocence as guaranteed under Sections 6(6)(b), 36(1)(8)(12), 41, and 42 of the Constitution, and Articles 2, 7(3), 12, and 14 of the African Charter.
Although Marshal, represented by a legal team led by Mr. Femi Falana, SAN, sought N500 million in damages and a published apology in three national newspapers, the court awarded him N2.5 million.
The suit listed the Directorate of Road Traffic Services as the 1st Respondent, alongside the agency’s Director, the then Abuja Area Commander identified as Mr. Leo, team leader Mr. Solomon Onoja, and the Minister of the Federal Capital Territory.
Dissatisfied with the ruling, the Respondents approached the Court of Appeal, which on Thursday affirmed the High Court’s judgment and dismissed the appeal.
(Platinum Post)