The Court of Appeal in Abuja has affirmed the October 2, 2024 judgment of a Federal High Court in Abuja which barred the Directorate of Road Traffic Services (DRTS), also known as VIO, from further stopping, impounding or confiscating vehicles on the road and imposing fines on motorists.

In a judgment yesterday, a three-member panel of the appellate court resolved the three issues identified for determination against the appellant, the DRTS.

Justice Oyejoju Oyebiola Oyewumi, who delivered the lead judgment, held that the appeal was without merit.

Justice Oyewumi awarded a cost of N1 million against the appellant and in favour of the respondent, an Abuja-based rights activist and public interest lawyer, Marshall Abubakar.

The N1 million cost awarded by the Court of Appeal is in addition to the N2.5 million cost earlier awarded by the Federal High Court against the DRTS and its officials.

Abubakar had filed a suit against “VIO” at the Federal High Court in Abuja, claiming that some DRTS officials confiscated his Honda car without giving him a fair hearing.

Sued along with the DRTS are: 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 October 2, 2024 judgment, Justice Evelyn 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 first to the fifth 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 awarded N2.5 million as cost against the defendants.

Source; The Nation News