The Court of Appeal in Abuja has upheld a landmark judgment restraining the Directorate of Road Traffic Services (DRTS) and Vehicle Inspection Officers (VIO) from stopping motorists, impounding vehicles, or imposing fines on road users.
In a unanimous decision delivered on Thursday, a three-member panel held that there was no reason to interfere with the earlier judgment of the Federal High Court, which declared such actions unlawful. The appellate court dismissed the VIO’s appeal for lacking merit in a lead judgment read by Justice Oyejoju Oyewumi.
Justice Nkeonye Maha of the Federal High Court had, on October 16, 2024, ruled that no law empowered VIO officials to stop, seize or impose penalties on motorists. Her decision followed a fundamental rights suit filed by public interest lawyer, Abubakar Marshal, who was forcefully stopped by VIO operatives at Jabi District on December 12, 2023, and had his vehicle confiscated without lawful justification.
Marshal, represented by a legal team led by human rights lawyer, Femi Falana (SAN), asked the court to declare the conduct of the officers “oppressive, unlawful and a gross violation” of his constitutional rights. He sought N500 million in damages and a published apology.
Justice Maha held that the DRTS and its agents violated his rights to freedom of movement, fair hearing, presumption of innocence, and property ownership, as guaranteed under Sections 36, 41 and 44 of the 1999 Constitution and relevant provisions of the African Charter on Human and Peoples’ Rights.
She ruled that only a court of competent jurisdiction could impose sanctions or fines on motorists and issued a perpetual injunction restraining the DRTS, its Director, the Abuja Area Commander identified as Mr Leo, team leader Mr Solomon Onoja, and the Minister of the FCT from further infringing on motorists’ rights. The court awarded Marshal N2.5 million in damages. Dissatisfied, the respondents appealed the judgment, but the Court of Appeal on Thursday affirmed the lower court’s findings in full – a decision widely viewed as a major win for motorists and civil liberties.
