Appeal Court upholds judgment stopping VIOs from impounding vehicles, imposing fines

The Court of Appeal in Abuja, on Thursday, affirmed a judgment barring the Directorate of Road Traffic Services and Vehicle Inspection Officers from stopping motorists, confiscating vehicles, or imposing fines on road users.

In a unanimous decision, a three-member panel held that there was no basis to overturn the Federal High Court’s ruling of October 16, 2024, which prohibited VIO officials from harassing motorists.

The appeal filed by the VIO was dismissed for lacking merit in the lead judgment delivered by Justice Oyejoju Oyewumi.

Justice Nkeonye Maha of the Federal High Court had earlier ruled that no law empowered VIO officials to stop, impound, confiscate, seize, or impose fines on motorists.

The ruling followed a fundamental rights suit marked 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 confiscated his vehicle without lawful justification.

He asked the court to declare their actions wrongful, oppressive, unlawful, and a gross violation of his fundamental rights.

In granting the reliefs sought, Justice Maha restrained the DRTS, its agents, and assigns from impounding or confiscating vehicles or imposing fines on motorists, describing such actions as oppressive and unlawful.

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.

culled from punch.