The Court of Appeal in Abuja has upheld a landmark Federal High Court judgment that bars the Directorate of Road Traffic Services (DRTS) and Vehicle Inspection Officers (VIOs) from stopping motorists, seizing vehicles, or imposing fines.
A three-member panel of the appellate court unanimously affirmed the earlier ruling delivered on October 16, 2024, stating that the VIO had no legal grounds to challenge the judgment. The appeal was dismissed for lacking merit in a decision led by Justice Oyejoju Oyewumi.
The initial case began after public interest lawyer Abubakar Marshal filed a suit—marked FHC/ABJ/CS/1695/2023—accusing VIO officials of unlawfully stopping him at Jabi on December 12, 2023, and confiscating his vehicle without justification. He described their actions as oppressive and a violation of his fundamental rights.
Justice Nkeonye Maha of the Federal High Court ruled that no law empowers VIO officials to stop, impound, or fine motorists. She issued an order restraining the DRTS and its agents from further harassment of road users, stressing that only a court of competent jurisdiction can impose fines or sanctions.
The judge held that the respondents violated the applicant’s rights—particularly the right to property, freedom of movement, fair hearing, and presumption of innocence—as protected by the Nigerian Constitution and the African Charter on Human and Peoples’ Rights.
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Marshal, represented by Femi Falana (SAN), had sought N500 million in damages, but the court awarded N2.5 million against the respondents, which included the DRTS, its Director, an Abuja Area Commander identified as Mr Leo, team leader Mr Solomon Onoja, and the Minister of the FCT.
Unsatisfied, the respondents appealed the ruling. But on Thursday, the Court of Appeal dismissed their appeal and upheld the judgment, reinforcing that VIO officials cannot stop, impound, confiscate vehicles, or fine motorists without a valid court order.
