The Court of Appeal in Abuja has upheld a landmark judgment restraining the Directorate of Road Traffic Services (DRTS) and Vehicle Inspection Officers (VIOs) from stopping motorists, seizing vehicles, or imposing fines.
In a unanimous ruling delivered on Thursday, a three-member panel affirmed the October 16, 2024 judgment of the Federal High Court, declaring that there was no legal basis to set it aside. Justice Oyejoju Oyewumi, who delivered the lead judgment, dismissed the VIO’s appeal for lacking merit.
The case originated from a fundamental rights suit (FHC/ABJ/CS/1695/2023) filed by public interest lawyer, Abubakar Marshal, who was forcefully stopped by VIO operatives in Jabi, Abuja, on December 12, 2023, and had his vehicle confiscated without lawful justification.
In her earlier judgment, Justice Nkeonye Maha held that no existing law empowered VIO officials to stop motorists or impose sanctions. She ruled that their actions were unlawful, oppressive, and a violation of constitutional rights—particularly the rights to fair hearing, freedom of movement, presumption of innocence, and property ownership.
Justice Maha issued a perpetual injunction restraining the DRTS and its agents from impounding vehicles or imposing fines, stressing that only a court of competent jurisdiction can sanction motorists. She also cited breaches of several constitutional provisions and Articles 2, 7(3), 12, and 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 damages and a public apology. The court instead awarded N2.5 million.
With Thursday’s decision, the appellate court has effectively cemented the restriction, barring VIO officials from harassing motorists or taking enforcement actions not backed by law.
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