The Court of Appeal in Abuja, on Thursday, affirmed the judgment of a Federal High Court which barred the Directorate of Road Traffic Services (DRTS), also known as the Vehicle Inspection Office (VIO), from stopping, impounding, or confiscating vehicles on public roads, as well as imposing fines on motorists.
A three-member panel of the appellate court dismissed the appeal filed by the DRTS, declaring it unmeritorious. The panel resolved all three issues raised for determination against the appellant.
The earlier judgment, delivered on October 2, 2024, by Justice Evelyn Maha of the Federal High Court, had restrained the VIO from further interfering with motorists in the manner complained of.
The suit was instituted by Abuja-based lawyer, Marshal Abubakar, who alleged that DRTS officials confiscated his Honda vehicle without giving him a fair hearing. He sued the DRTS, the Director of Road Transport, the Area Commander (Jabi), the Team Leader (Jabi), and the Minister of the Federal Capital Territory (FCT).
In her ruling, Justice Maha upheld all of Abubakar’s claims, stating that no existing law empowered the respondents to stop, impound, confiscate, or seize vehicles or to impose fines on motorists.
She further held that the first to fourth respondents—operating under the authority of the fifth respondent, the FCT Minister—had no statutory mandate to carry out such enforcement actions. The court described their actions as wrongful, oppressive, and unlawful.
Justice Maha issued an order restraining the five respondents and their agents from impounding or confiscating vehicles or imposing fines on motorists. She also granted a perpetual injunction preventing further violations of Nigerians’ rights to freedom of movement, presumption of innocence, and the right to own property without lawful justification. A cost of ₦2.5 million was awarded against the defendants.
Unhappy with the decision, the DRTS approached the Court of Appeal, seeking to overturn the judgment.
Delivering the lead judgment on Thursday, Justice Oyejoju Oyewumi held that the appeal, marked CA/ABJ/CV/1243/2024, lacked merit. The appellate court awarded a cost of ₦1 million against the DRTS in favour of Abubakar.
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