The Department of Road Traffic Services, often referred to as Vehicle Inspection Officers, has stated that it will "certainly" appeal a ruling that prohibits it from fining or seizing drivers' cars for violating the law. Deborah Osho, the DRTS's acting director, bemoaned the increasing "lawlessness" in the Federal Capital Territory following the High Court's decision on Thursday. The Court of Appeal, Abuja Division, upheld the lower court's ruling prohibiting the DRTS and VIO from stopping drivers, seizing cars, or fining road users on Thursday.
The Federal High Court's October 16, 2024, order that forbade VIO officers from harassing drivers was upheld by the appeal court in a unanimous decision rendered by a three-member panel.In a lead ruling, Justice Oyejoju Oyewumi rejected the VIO's appeal against the lower court's decision for lack of merit.
Osho responded to the ruling by saying, "We will definitely appeal." As a correspondent, are you aware of the current state of affairs in the city? Can't you see how filthy the city is?
"I have no idea why Nigerians dislike being reprimanded. Take a peek at Airport Road, which has essentially become a one-way. They won't come to pay if you give them a ticket, but you can't impound or enforce. What are you asking us to do? It's not amusing.
Osho also revealed that offenders owed more than N409 million despite alternative enforcement strategies, including issuing fines, and that traffic could not be effectively handled without stringent enforcement.
"That's not even how we impound. If you commit an offense, we will capture you and send you your bill regardless of whether you accept it or not.
"We have over 409 million unpaid, if I give you my laptop right now because they refuse to pay, and we are powerless to execute our arrest or take any other action.
The VIO head asked, "Have you ever seen anywhere in the world where traffic is well-coordinated without enforcement, and you think it will go well?"
Remember that Justice Nkeonye Maha of the Federal High Court had already declared that VIO agents were not authorised by law to stop, impound, confiscate, seize, or penalise drivers.
In a lead ruling, Justice Oyejoju Oyewumi rejected the VIO's appeal against the lower court's decision for lack of merit.
Osho responded to the ruling by saying, "We will definitely appeal." As a correspondent, are you aware of the current state of affairs in the city? Can't you see how filthy the city is?
"I have no idea why Nigerians dislike being reprimanded. Take a peek at Airport Road, which has essentially become a one-way. They won't come to pay if you give them a ticket, but you can't impound or enforce. What are you asking us to do? It's not amusing.
Osho also revealed that offenders owed more than N409 million despite alternative enforcement strategies, including issuing fines, and that traffic could not be effectively handled without stringent enforcement.
"That's not even how we impound. If you commit an offense, we will capture you and send you your bill regardless of whether you accept it or not.
"We have over 409 million unpaid, if I give you my laptop right now because they refuse to pay, and we are powerless to execute our arrest or take any other action.
The VIO head asked, "Have you ever seen anywhere in the world where traffic is well-coordinated without enforcement, and you think it will go well?"
Remember that Justice Nkeonye Maha of the Federal High Court had already declared that VIO agents were not authorized by law to stop, impound, confiscate, seize, or penalize drivers.
The decision came after public interest attorney Abubakar Marshal filed a basic rights lawsuit (FHC/ABJ/CS/1695/2023).
Marshal said the court that on December 12, 2023, VIO agents stopped him violently in Jabi District and seized his car without a valid reason.
He requested that the court rule that their conduct was unconstitutional, oppressive, unjust, and a flagrant breach of his fundamental rights.
In granting the requested remedy, Justice Maha prohibited the DRTS, its agents, and its assigns from fining drivers or impounding or seizing cars, calling such acts oppressive and illegal.
Additionally, the court ordered a lifelong injunction to stop future abuses of Nigerians' rights to property ownership, freedom of travel, and presumption of innocence.
The judge ruled that penalties or fines for drivers may only be imposed by a court with the necessary authority.
She additionally declared that the applicant's fundamental right to hold property under Section 42 of the 1999 Constitution (as amended) had been breached by the respondents and the African Charter on Human and Peoples' Rights, Article 14.
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, all guarantee drivers the right to a fair trial, freedom of movement, and the presumption of innocence. The court held that the respondents lacked statutory authority to impound vehicles or impose fines.
Marshal had requested N500 million in general and aggravated damages as well as an apology in three national publications, represented by a legal team headed by Femi Falana (SAN).
Instead, the court granted N2.5 million in damages.
The DRTS, its director, Mr Leo, the Abuja Area Commander, Mr Solomon Onoja, the team leader, and the Federal Capital Territory Minister were among the responders.
They filed an appeal because they were unhappy with the result, but the Court of Appeal rejected it, upholding the lower court's finding.