The Court of Appeal, Abuja Division, on Thursday affirmed the October 2, 2024 judgment of the Federal High Court in Abuja, which barred the Directorate of Road Traffic Services (DRTS), popularly known as VIO, from stopping, impounding, or confiscating vehicles and imposing fines on motorists.
A three-member panel of the appellate court resolved all three issues raised in the appeal — marked CA/ABJ/CV/1243/2024 — against the appellant, the DRTS.
Delivering the lead judgment, Justice Oyejoju Oyebiola Oyewumi held that the appeal lacked merit and subsequently awarded a ₦1 million cost against the DRTS in favour of Abuja-based rights activist and public interest lawyer, Marshall Abubakar.
“The appeal is devoid of merit,” Justice Oyewumi ruled.
“The respondents are not empowered by any law to stop or confiscate vehicles or impose fines on motorists.”
The ₦1 million penalty comes on top of the ₦2.5 million cost earlier awarded by Justice Evelyn Maha of the Federal High Court.
Abubakar had sued after DRTS officials allegedly confiscated his Honda vehicle without giving him fair hearing. Joined in the suit were the Director of Road Transport, the Area Commander (Jabi), the Team Leader (Jabi), and the Minister of the Federal Capital Territory (FCT).
In her October 2, 2024 judgment, Justice Maha upheld all the reliefs sought by Abubakar, ruling that the DRTS and its officials lacked any legal authority to stop vehicles, seize them, or impose fines.
“There is no law empowering the respondents to stop, impound, confiscate or seize vehicles and/or impose fines on motorists,” Justice Maha held.
“Their actions are wrongful, oppressive, and unlawful.”
She issued an order restraining the DRTS, its officials, agents, or assigns from further impounding or confiscating vehicles or imposing fines.
A perpetual injunction was also granted, preventing further violations of Nigerians’ rights to freedom of movement, presumption of innocence, and the right to own property.
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