By Sarah NEGEDU
The Court of Appeal in Abuja has reaffirmed that the Directorate of Road Traffic Services, DRTS, have no legal authority to stop, seize, or impose fines on motorists.
In its ruling on the matter on Thursday, the court dismissed an appeal filed by the agency against an earlier Federal High Court judgment.
A three-member panel of Justices held that there was no basis to tamper with the October 16, 2024, ruling of the Federal High Court which declared such enforcement activities by Vehicle Inspection Officers, VIO, as unlawful, oppressive, and a violation of fundamental human rights.
The lead judgment was read by Justice Oyejoju Oyewumi, who held that the arguments canvassed by the VIO lacked merit and failed to demonstrate that the trial court erred in its interpretation of the law.
The earlier Federal High Court ruling, delivered by Justice Nkeonye Maha, stemmed from a fundamental rights suit filed by Abuja-based public interest lawyer, Abubakar Marshal, who told the court that VIO officials forcibly stopped him at Jabi on December 12, 2023, seized his vehicle, and subjected him to harassment without any lawful justification.
Marshal had asked the court to determine whether the actions of the VIO were not “wrongful, oppressive, unlawful and a gross violation” of his constitutional rights. Justice Maha agreed, ruling that no existing law empowers the VIO to stop, impound, confiscate or impose fines on motorists for any alleged offence.
The judge proceeded to issue a perpetual injunction restraining the Directorate, its agents and assigns from impounding vehicles or imposing fines, stressing that only a court of competent jurisdiction can sanction motorists found to have violated the law.
Justice Maha held that the conduct of the Respondents breached several constitutional guarantees, including the right to own property, presumption of innocence, fair hearing and freedom of movement, citing sections 6(6)(b), 36(1)(8)(12), 41 and 42 of the 1999 Constitution (as amended), as well as Articles 2, 7(3), 12 and 14 of the African Charter on Human and Peoples’ Rights.
Although Marshal, represented by a legal team led by human rights lawyer Femi Falana, SAN, demanded N500 million in damages and a published apology in three national newspapers, the court awarded him N2.5 million.
The suit listed the Directorate of Road Traffic Services as the main Respondent, alongside its Director, the Abuja Area Commander at the time of the incident identified as Mr. Leo, the team leader Mr. Solomon Onoja, and the Minister of the Federal Capital Territory.
Dissatisfied, the VIO lodged an appeal, arguing that the High Court erred in its findings and that the agency possessed enforcement powers under various traffic regulations. However, the Court of Appeal disagreed, concluding that the VIO failed to show any statutory basis for stopping or penalising motorists.
