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).
Justice Evylen Maha of the Federal High Court in Abuja had, on October 2, 2024, barred the V.I.O. 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 October 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 empowered 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 were under the control of the fifth respondent (FCT minister) were 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 was 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 N2.5 million 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).
Source: NAN
READ ALSO:
Ambassador-nominees Tinubu seeks Senate’s confirmation
Lassa fever: Oxford begins first human trial of new vaccine
Ambassador-nominees Tinubu seeks Senate’s confirmation
BREAKING: Tinubu increases ambassador-nominees to 65, seeks Senate confirmation
NEC approves N100bn for rehabilitation of security agencies’ training institutions
The silent confusion about marriage certificates and travel
W’Africa ParaGames: Nigeria claim double gold
82 female Nigerians are on death row, says ASF France
Peoples parliament: Mixed verdicts at review of Tinubu administration
Senate confirms retired Gen Chris Musa as Defence Minister
EBA purchase: AMCON repays N3.6 trillion to CBN till date
Two die, nine injured in accident on Enugu-P’Harcourt Expressway
