The Court of Appeal in Abuja has affirmed the October 4, 2024 judgment of a Federal High Court in Abuja barring the Directorate of Road Traffic Services (popularly called VIO) from further stopping, impounding, or confiscating vehicles on the road and imposing fines on motorists.
In a judgment on Thursday, a three-member panel of the appellate court resolved the three issues identified for determination against the appellant, the Directorate of Road Traffic Services.
Justice Oyejoju Oyebiola Oyewumi, who delivered the lead judgment, held that the appeal was without merit.
She awarded a cost of N1 million against the appellant and in favour of the respondent, a rights activist and public interest attorney, Abubakar Marshal.
It will be recalled that Justice Nkeonye Maha of the Federal High Court had declared that no law empowered the VIO to stop, impound, confiscate, seize or impose fine on motorists for any form of violation.
The judgment followed a fundamental right enforcement suit marked: FHC/ABJ/CS/1695/2023, which was filed by a public interest lawyer, Mr. Abubakar Marshal.
The Applicant told the court that he was forcefully stopped by VIO officials at Jabi District in Abuja on December 12, 2023, and his vehicle was confiscated without any lawful justification.
He, among other thing, prayed the court to determine if the action of the VIO officials was not wrongful, oppressive, unlawful and a gross violation of his fundamental human rights.
While granting the reliefs that were sought by the Applicant, Justice Maha specifically restrained the Respondents, either through their agents, servants and or assigns, from impounding and confiscating vehicles or imposing fine on any motorists, as doing so would be wrongful, oppressive and unlawful.
The court also issued an order of perpetual injunction restraining the Respondents, whether by themselves, agents, privies, allies or anybody acting on behalf of the 1st Respondent (Directorate of Road Traffic Services), from further violating the rights of Nigerians to freedom of movement, presumption of innocence and right to own property, without lawful justification.
Justice Maha held that only a court of competent jurisdiction could impose a fine or sanction any motorist that was found to have acted in breach of any extant law.
The court held that the Respondents violated the Applicant’s right to own a property as guaranteed by section 42 of the 1999 Constitution, as amended, and Article 14 of the African Charter on Human and Peoples Right.
It further held that the Respondents were not empowered by any law or statute to impound, confiscate vehicles or impose fines on motorists as such action would amount to a breach of fundamental rights of such motorists to fair hearing, freedom of movement and presumption of innocence and therefore unlawful by virtue of section 6(6) B, 36(1) (8) and (12) and 41 & 42 of the 1999 Constitution, as amended, and Article 2, 7(3), 12 and 14 of the African Charter on Human & Peoples Rights.
Even though the Applicant, through his team of lawyers led by Mr. Femi Falana, SAN, demanded the sum of N500million as general/aggravated damages, as well as an apology to be published in three national dailies, however, the court only awarded him the sum of N2.5m.
Aside from the Directorate of Road Traffic Services, cited as 2nd to 5th Respondents in the matter, were; the Director of the establishment, its Abuja Area Commander as at December 12, 2023, who was simply listed as Mr. Leo, the team leader, Mr. Solomon Onoja, as well as the Minister of the Federal Capital Territory.
Dissatisfied with the judgement, the Respondents lodged the appeal that was dismissed on Thursday.
