The Court of Appeal, Abuja Division, on Thursday affirmed a judgment of a Federal High Court which restrained the Directorate of Road Traffic Services (DRTS), also known as Vehicle Inspection Office (VIO), from stopping, impounding or confiscating vehicles and from imposing fines on motorists.
Delivering the unanimous judgment, Justice Oyejoju Oyebiola Oyewumi held that the appeal filed by the VIO lacked merit.
“I find no iota of merit in this appeal. The decision of the lower court is hereby affirmed,” she said, adding that a cost of N1 million was awarded against the appellant.
Justice Evelyn Maha of the Federal High Court had in a judgment delivered last year in a fundamental rights enforcement suit, issued an order restraining the VIO from impounding or confiscating vehicles or imposing fines on drivers.
The judge held that the respondents lacked the legal authority to stop, impound or confiscate vehicles, or impose fines on motorists.
The suit was filed by a rights activist and public interest lawyer, Mr Abubakar Marshal. Those listed as respondents included the Director of Road Transport, the Area Commander, Jabi; the Team Leader, Jabi; and the Minister of the Federal Capital Territory (FCT).
Justice Maha held that the first to fourth respondents, who operate under the control of the fifth respondent (the FCT Minister), were not empowered by any existing law to stop or impound vehicles or impose fines.
She also granted an order of perpetual injunction restraining the respondents, their agents or assigns from further violating the rights of Nigerians to freedom of movement, presumption of innocence and right to own property.
Dissatisfied with the ruling, the DRTS approached the Court of Appeal, but the appellate court dismissed the appeal.