Abuja, Nigeria – In a landmark ruling, the Court of Appeal in Abuja has upheld a Federal High Court judgment that prohibits the Directorate of Road Traffic Services (DRTS) and Vehicle Inspection Officers (VIO) from seizing vehicles or imposing fines on motorists.
The unanimous decision, delivered by a three-member panel of appellate justices led by Justice Oyejoju Oyewumi, dismissed the appeal filed by VIO officials challenging the October 16, 2024, high court verdict. The court found no merit in the appeal, confirming that VIOs lack legal authority to harass or penalize drivers on Nigerian roads.
The original case, filed as a fundamental rights enforcement suit (FHC/ABJ/CS/1695/2023), was initiated by public interest lawyer Mr. Abubakar Marshal. The plaintiff had alleged that VIO officials wrongfully stopped and confiscated his vehicle at Jabi District, Abuja, on December 12, 2023, without lawful justification.
Justice Nkeonye Maha of the Federal High Court had previously ruled that no law empowers the VIO to detain, impound, or fine motorists. The court issued a perpetual injunction restraining the DRTS, VIO, their agents, and associates from infringing on the rights of Nigerians, including freedom of movement, presumption of innocence, and property ownership.
The appellate court reinforced that only a competent court has the authority to impose fines or sanctions on motorists for violations of existing laws. By acting outside its mandate, the VIO was found to have violated Section 42 of the 1999 Constitution (right to own property) and Article 14 of the African Charter on Human and Peoples’ Rights.
The judgment emphasized that unauthorized vehicle confiscation or fines by VIO officials amounts to unlawful harassment and a breach of motorists’ fundamental rights, including fair hearing, freedom of movement, and presumption of innocence.
While the applicant had requested N500 million in damages and a public apology, the court awarded a sum of N2.5 million as compensation.
Respondents to the case included the Directorate of Road Traffic Services, its Director, Abuja Area Commander, the team leader, and the Minister of the Federal Capital Territory. Their appeal was conclusively dismissed on Thursday.
This ruling is being hailed as a major victory for motorists and civil rights advocates, reinforcing that traffic enforcement agencies in Nigeria must operate strictly within legal boundaries.
