The Court of Appeal in Abuja has affirmed a previous judgment barring the Directorate of Road Traffic Services and Vehicle Inspection Officers (VIO) from seizing vehicles or levying fines on motorists.
In a unanimous ruling delivered on Thursday by a three-judge panel, the appellate court dismissed an appeal by the VIO, upholding the October 16, 2024 decision of the Federal High Court, which found that VIO officials had no legal authority to harass or penalise motorists. Justice Oyejoju Oyewumi read the lead judgment.
The case arose from a fundamental rights enforcement suit filed by public interest lawyer Abubakar Marshal, who alleged that VIO personnel forcibly took his vehicle in December 2023 at Jabi District, Abuja, without any legal justification. Justice Nkeonye Maha, in the initial ruling, declared that the VIO lacked statutory authority to impound vehicles or impose fines, describing such actions as “unlawful and oppressive.”
The court emphasised that only a competent court has the power to impose sanctions on motorists. It ruled that the VIO’s actions violated motorists’ rights to property, movement, fair hearing, and presumption of innocence under Sections 6, 36, 41, and 42 of the 1999 Constitution (as amended) and Articles 2, 7, 12, and 14 of the African Charter on Human and Peoples’ Rights.
Although Marshal had sought N500 million in damages and a public apology, the court awarded him N2.5 million.
The suit listed the Directorate of Road Traffic Services, its Director, the Abuja Area Commander at the time, team leader Solomon Onoja, and the FCT Minister as respondents. Dissatisfied, the VIO appealed, only to have the Court of Appeal dismiss the case on Thursday.