The Department of Road Traffic Services, widely known as the Vehicle Inspection Officers, has stated that it will “certainly” challenge a judgment stopping it from levying penalties or impounding vehicles belonging to erring drivers.
The Acting Director of the DRTS, Deborah Osho, expressed concern during an exclusive phone conversation on Thursday, criticising what she described as rising “lawlessness” in the Federal Capital Territory following the High Court’s decision.
The Court of Appeal in Abuja on Thursday upheld the earlier ruling that barred both the DRTS and VIO from intercepting motorists, seizing vehicles, or issuing fines to road users.
Delivering a unanimous verdict, a three-member panel held that there was no justification to set aside the Federal High Court’s October 16, 2024, decision, which restricted VIO operatives from harassing drivers.
Appeal dismissed for lacking merit
The appeal brought forward by the VIO against the lower court’s decision was thrown out for want of merit, as stated in the lead ruling delivered by Justice Oyejoju Oyewumi.
Responding to the verdict, Osho said, “We will certainly appeal. As a correspondent, do you see what is happening in the city right now? Don’t you see how dirty the city is?
“I don’t know why we Nigerians don’t like to be corrected. Just look at Airport Road—they have turned that place practically into a one-way. You cannot enforce, you cannot impound, but if you give them a ticket, they won’t come to pay. What do you want us to do? The thing is not funny.”
Osho also said that even with alternative methods such as issuing tickets, offenders had accumulated more than N409m in unpaid penalties, adding that traffic systems could not function effectively without firm enforcement.
“We don’t even impound like that. What we do is, if you commit an offence, whether you take it or go away, you are already captured, and your bill will be sent to you.
“If I give you my laptop now, we have almost 409 million not paid, because they won’t come to pay, and because we cannot enforce our arrest or do anything.
“Have you ever seen anywhere in the world where traffic is well coordinated without enforcement, and you think it will go well?” the VIO chief questioned.
Recall that Justice Nkeonye Maha of the Federal High Court had previously held that no law authorised VIO personnel to stop, seize, confiscate, or impose fines on motorists.
The ruling originated from a fundamental rights suit, FHC/ABJ/CS/1695/2023, filed by public interest lawyer Abubakar Marshal.
Marshal informed the court that VIO officers forcefully halted him at Jabi District on December 12, 2023, and took possession of his vehicle without lawful cause.
He urged the court to declare the officers’ actions illegal, oppressive, wrongful, and a grave violation of his basic rights.
In granting the reliefs requested, Justice Maha restrained the DRTS, its officials, and representatives from impounding or confiscating vehicles or imposing fines on motorists, describing the practice as illegal and oppressive.
The court also issued a perpetual injunction stopping further violations of citizens’ rights to movement, presumption of innocence, and property ownership.
The judge ruled that only a competent court could impose sanctions or fines on motorists.
She also stated that the respondents had breached the applicant’s constitutional rights to own property under Section 42 of the 1999 Constitution (as amended) and Article 14 of the African Charter on Human and Peoples’ Rights.
The court held that the respondents did not possess statutory powers to seize vehicles or impose fines, emphasising that such actions violated motorists’ fair hearing rights, freedom of movement, and presumption of innocence under Sections 6(6)(b), 36(1), 36(8), 36(12), 41, and 42 of the Constitution, as well as Articles 2, 7(3), 12, and 14 of the African Charter.
Marshal, represented by a legal team led by Femi Falana (SAN), requested N500m in general and aggravated damages and an apology published in three national newspapers.
However, the court awarded him N2.5m in damages.
The respondents included the DRTS, its Director, the Abuja Area Commander identified as Mr Leo, the team leader, Mr Solomon Onoja, and the Minister of the Federal Capital Territory.
Unsatisfied with the ruling, they filed an appeal, which the Court of Appeal rejected, thereby affirming the initial judgment.
