The Court of Appeal in Abuja has upheld a judgment restricting the Directorate of Road Traffic Services and its Vehicle Inspection Officers (VIO) from seizing vehicles or issuing fines to motorists.
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A three-member panel of justices on Thursday dismissed the appeal filed by the VIO, ruling that there was no justification to set aside the earlier decision delivered by the Federal High Court on October 16, 2024. Justice Oyejoju Oyewumi delivered the lead judgment, affirming that VIO officers have no legal authority to harass motorists on the road.
The case originated from a fundamental-rights suit filed by public-interest lawyer Abubakar Marshal, who told the court that VIO officials stopped him in Jabi, Abuja, on December 12, 2023, and confiscated his vehicle without lawful grounds. Justice Nkeonye Maha, who heard the suit at the Federal High Court, held that no statute empowers the VIO to stop, impound or impose fines on motorists for any offence.
The High Court granted Marshal’s requests, issuing an order restraining the VIO and its representatives from impounding vehicles or slamming fines on motorists. The court described such actions as unlawful and oppressive, noting that they violate citizens’ rights to movement, property and the presumption of innocence. A perpetual injunction was also issued to safeguard motorists’ constitutional rights.
Justice Maha further ruled that only a court of competent jurisdiction may impose penalties on motorists, stressing that the VIO’s conduct breached Section 42 of the 1999 Constitution, Article 14 of the African Charter and other legal protections.
While Marshal’s legal team, led by Senior Advocate of Nigeria Femi Falana, sought N500 million in damages and a public apology, the court awarded N2.5 million.
Those listed as respondents in the suit included the Directorate of Road Traffic Services, its director, Abuja area commander identified as Mr Leo, team leader Mr Solomon Onoja and the Minister of the Federal Capital Territory.
