The Department of Road Traffic Services (DRTS), also known as the Vehicle Inspection Office (VIO), has vowed to pursue another appeal after the Court of Appeal affirmed a judgment that bars the agency from stopping motorists, impounding vehicles, or imposing fines.
Acting Director of the DRTS, Deborah Osho, expressed concern over what she described as rising lawlessness across the Federal Capital Territory (FCT) following the Federal High Court ruling. She said the absence of enforcement had contributed to growing disorder on major roads.
She stated, “We will certainly appeal. As a correspondent, do you see what is happening in the city right now? Just look at Airport Road. They have practically turned that place into a one way. You cannot enforce, you cannot impound, and if you give them a ticket, they will not come to pay. What do you want us to do?”
Osho revealed that despite issuing tickets as an alternative enforcement method, offenders had accumulated more than N409 million in unpaid fines. She insisted that traffic management cannot function effectively anywhere in the world without proper enforcement. According to her, “If I give you my laptop now, you will see almost 409 million not paid because they will not come to pay, and we cannot enforce arrest or do anything.”
The Court of Appeal delivered a unanimous judgment through a three member panel led by Justice Oyejoju Oyewumi. The court upheld the earlier decision of the Federal High Court delivered on October 16, 2024, which restrained the DRTS from stopping vehicles, impounding them, or imposing fines. The court described such actions as unlawful and oppressive.
The case began with a fundamental rights suit filed by public interest lawyer Abubakar Marshal, who told the court that VIO officials forcefully stopped him in Jabi on December 12, 2023, and seized his vehicle without legal justification. Represented by a legal team led by Femi Falana (SAN), he sought N500 million in damages and a public apology. The court instead awarded N2.5 million.
Justice Nkeonye Maha held that the DRTS lacked statutory authority to stop vehicles or impose sanctions. She ruled that only a court of competent jurisdiction could impose fines. She also held that the actions of the DRTS violated constitutional rights including freedom of movement, the presumption of innocence, fair hearing, and the right to own property. The judge relied on provisions of the Nigerian Constitution and the African Charter on Human and Peoples Rights.
Dissatisfied with the ruling, the DRTS, its Director, the Abuja Area Commander identified as Mr Leo, the team leader Mr Solomon Onoja, and the Minister of the Federal Capital Territory filed an appeal. The Court of Appeal has now dismissed the appeal for lacking merit.
Despite the setback, Osho maintained that the agency will continue seeking legal options to restore its enforcement powers, arguing that traffic order in the FCT cannot be maintained under the current restrictions.
