The Court of Appeal has upheld the judgment of a Federal High Court which stopped the Directorate of Road Traffic Services (DRTS), also known as VIO from further stopping, impounding or confiscating vehicles on the road and imposing fines on motorists.
In a unanimous decision, a three-member panel held that there was no basis to overturn the Federal High Court’s ruling of October 16, 2024, which prohibited VIO officials from harassing motorists
The appellate court in the judgment delivered by Justice Oyejoju Oyewumi on Thursday in Abuja held that the case of the VIO was lacking in merit.
The court ruled, “I find no iota of merit in this appeal, the decision of the lower court is hereby affirmed.Cost of N1 million is awarded against the appellant.”
TheHintsNews reports that Justice Evelyn Maha of the Federal High Court had on October 16, 2024, while ruling on a fundamental rights enforcement suit restrained the VIO from impounding or confiscating the vehicles of motorists and or imposing fines on any motorist.
The judge predicated her decision on the grounds that the appellants lacked the necessary legal backing to stop, impound or confiscate vehicles and/or impose fines on motorists.
Recall that the suit was filed by a rights activist, Mr Abubakar Marshal.
The order is said to bind the Director of Road Transport; the Area Commander, Jabi, and the Team Leader, Jabi; as well as the Minister of the Federal Capital Territory (FCT), all listed as respondents in the case.
The judge held that the first to the fourth respondents, who are under the control of the fifth respondent (FCT minister) are not empowered by any law or statute to stop, impound or confiscate vehicles and/or impose fines on motorists.
The trial judge had subsequently issued an order restraining the first to the fifth respondents either through their agents, servants and or assigns from impounding, confiscating the vehicles of motorists and or imposing fines on any motorist, adding that doing so is wrongful, oppressive, and unlawful.
The judge also issued an order of perpetual injunction restraining the respondents, whether by themselves, agents, privies, allies or anybody acting on behalf of the first respondent from further violating the rights of Nigerians to freedom of movement, presumption of innocence and right to own property without lawful justification.
The court also issued a perpetual injunction preventing further violations of Nigerians’ rights to freedom of movement, presumption of innocence, and the right to own property.
The judge held that only a court of competent jurisdiction could impose sanctions or fines on motorists.
She further ruled that the respondents had violated the applicant’s constitutional right to own property under section 42 of the 1999 Constitution (as amended) and Article 14 of the African Charter on Human and Peoples’ Rights.
Marshal, represented by a legal team led by Femi Falana (SAN), had sought N500 million in general and aggravated damages and an apology in three national newspapers.
The court instead awarded N2.5 million in damages.
Dissatisfied with the ruling, the Directorate of Road Traffic Services, lodged an appeal, which the Court of Appeal dismissed on Thursday, thereby affirming the lower court’s decision.