The Court of Appeal in Abuja on Thursday upheld a judgment preventing the Directorate of Road Traffic Services (DRTS) and Vehicle Inspection Officers (VIO) from stopping motorists, confiscating vehicles, or imposing fines.
In a unanimous decision, a three-member panel dismissed an appeal filed by the VIO, ruling there was no basis to overturn the Federal High Court’s October 16, 2024 decision, which restrained VIO officials from harassing road users. Justice Oyejoju Oyewumi delivered the lead judgment.
The original suit, FHC/ABJ/CS/1695/2023, was filed by public interest lawyer Abubakar Marshal, who alleged that VIO operatives forcefully stopped him at Jabi District on December 12, 2023, and confiscated his vehicle without lawful justification. Marshal sought a declaration that such actions were unlawful, oppressive, and violated his fundamental rights.
Justice Nkeonye Maha of the Federal High Court had ruled that no law empowered VIO officials to stop, impound, seize, or fine motorists. She issued a perpetual injunction protecting Nigerians’ rights to freedom of movement, presumption of innocence, and ownership of property, stressing that only a competent court could impose sanctions on motorists.
The court further held that the respondents’ actions violated Section 42 of the 1999 Constitution (as amended) and Article 14 of the African Charter on Human and Peoples’ Rights, as well as motorists’ rights to fair hearing and freedom of movement under Sections 6(6)(b), 36(1), 36(8), 36(12), 41, and 42 of the Constitution and Articles 2, 7(3), 12, and 14 of the African Charter.
Marshal, represented by Femi Falana (SAN), had claimed N500 million in general and aggravated damages and an apology in three national newspapers; the court awarded N2.5 million instead.
- Respondents included the DRTS, its Director, the Abuja Area Commander Mr. Leo, the team leader Mr. Solomon Onoja, and the FCT Minister. Dissatisfied, they appealed, but the Court of Appeal dismissed the appeal, thereby affirming the lower court’s decision.