The Court of Appeal in Abuja, on Thursday, affirmed a lower court judgment barring the Directorate of Road Traffic Services (DRTS), also known as VIO, from further stopping, impounding or confiscating vehicles on the roads and imposing fines on motorists.
A three-member panel of justices of the appellate court held that the appeal filed by the DRTS was unmeritorious.
The panel, therefore, resolved the three issues identified for determination, against the appellant (DRTS).
The News Agency of Nigeria (NAN) reports that Justice Evylen Maha of the Federal High Court in Abuja had, on Oct. 2, 2024, barred the VIO from further stopping, impounding or confiscating vehicles on the roads and imposing fines on motorists.
Marshal Abubakar, an Abuja-based lawyer, had filed the suit at the Federal High Court in Abuja, claiming that some DRTS officials confiscated his Honda car without affording him fair hearing.
Abubakar sued the DRTS, the Director of Road Transport; the Area Commander, Jabi, and the Team Leader, Jabi, and the Minister of the Federal Capital Territory (FCT).
In the Oct. 2, 2024 judgment, Justice Maha upheld Abubakar’s case and granted all the reliefs sought by the plaintiff.
Justice Maha agreed with the plaintiff that no law empowers the respondents to stop, impound, confiscate and seize vehicles or impose fine on motorists.
The judge held that the first to the fourth respondents, who are under the control of the fifth respondent (FCT minister) are not empowered by any law or statute to stop, impound or confiscate vehicles and/or impose fines on motorists.
She issued an order restraining the 1st to the 5th respondents either through their agents, servants and or assigns from impounding, confiscating the vehicles of motorists and or imposing fines on any motorist.
Justice Maha held that doing so is wrongful, oppressive and unlawful.
The judge also issued an order of perpetual injunction restraining the respondents, whether by themselves, agents, privies, allies or anybody acting on behalf of the first respondent from further violating the rights of Nigerians to freedom of movement, presumption of innocence and right to own property without lawful justification.
She proceeded to award a cost of N2.5million against the defendants.
Dissatisfied with the judgment, the DRTS appealed the judgment and asked the appellate court to upturn the judgment.
Delivering the judgment on Thursday, Justice Oyejoju Oyewumi, who read the lead judgment, held that the appeal, marked: CA/ABJ/CV/1243/2024, filed by the DRTS was without merit.
Justice Oyewumi awarded a cost of N1 million against the appellant (DRTS) and in favour of the respondent (Abubakar)
