The Department of Road Traffic Services (DRTS), also known as the Vehicle Inspection Office (VIO), has insisted it will challenge the judgment of the Court of Appeal affirming that it lacks the legal power to stop motorists, impound vehicles, or impose fines in the Federal Capital Territory.
Reacting to the appellate court’s decision on Thursday, the Acting Director of the DRTS, Deborah Osho, told The PUNCH that the agency would “certainly” appeal further, warning that the ruling had worsened “lawlessness” across Abuja.
“I don’t know why we Nigerians don’t like to be corrected,” she said during a phone interview. “Just look at Airport Road—they have turned that place practically into a one-way. You cannot enforce, you cannot impound, but if you give them a ticket, they won’t come to pay. What do you want us to do?”
Her comments followed the Court of Appeal’s unanimous judgment delivered by a three-member panel, which dismissed the VIO’s appeal for lacking merit. Justice Oyejoju Oyewumi, who read the lead judgment, held that there was no reason to overturn the ruling of the Federal High Court delivered on October 16, 2024.
The High Court had earlier declared that no law empowers the DRTS or VIO operatives to stop, seize, confiscate, or fine motorists. The judgment was issued by Justice Nkeonye Maha in a fundamental rights case filed by public interest lawyer, Abubakar Marshal, marked FHC/ABJ/CS/1695/2023.
Marshal told the court that VIO officials forcefully stopped him at Jabi on December 12, 2023, and unlawfully confiscated his vehicle. He sought declarations that the actions were oppressive, unlawful, and violated his constitutional rights—including the right to property, freedom of movement, and presumption of innocence.
Justice Maha agreed, issuing a perpetual injunction restraining the DRTS, its officers, and the FCT Minister from impounding vehicles or imposing fines. The court held that only a court of competent jurisdiction may impose sanctions on motorists. Marshal was awarded N2.5 million in damages, against the N500 million he requested.
The court found that the DRTS’ actions breached Sections 6, 36, 41 and 42 of the 1999 Constitution and Articles 2, 7(3), 12 and 14 of the African Charter on Human and Peoples’ Rights.
Despite the appellate court’s affirmation of the ruling, Osho argued that effective traffic management requires enforcement powers. She disclosed that more than N409 million in traffic penalties remained unpaid because offenders ignored issued tickets.
“If I give you my laptop now, we have almost N409 million not paid, because they won’t come to pay, and because we cannot enforce our arrest or do anything,” she said. “Have you ever seen anywhere in the world where traffic is well coordinated without enforcement?”
The respondents in the suit included the DRTS, its director, the Abuja Area Commander identified as Mr. Leo, team leader Mr. Solomon Onoja, and the Minister of the FCT.
With the Court of Appeal’s decision, the High Court judgment remains in force—unless overturned by the Supreme Court, which the DRTS has now vowed to approach.