The Court of Appeal sitting in Abuja on Thursday affirmed the judgment barring the Directorate of Road Traffic Services and Vehicle Inspection Officers (VIO) from confiscating vehicles or imposing fines on motorists, and awarded Mr. Abubakar Marshal one million naira in costs.
![](https://thenigerialawyer.com/wp-content/uploads/2026/05/2026-Summer-IDRI-Masterclass.jpg")
In a unanimous decision delivered by a three-member panel of justices, the appellate court held that there was no reason to overturn the October 16, 2024 verdict of the Federal High Court in Abuja, which prohibited the VIO from harassing motorists. Consequently, an appeal filed by the VIO was dismissed as lacking merit.
The lead judgment of the appellate court was read by Justice Oyejoju Oyewumi.
It will be recalled that Justice Nkeonye Maha of the Federal High Court had declared that no law empowered the VIO to stop, impound, confiscate, seize, or impose fines on motorists for any form of violation.
The judgment arose from a fundamental rights enforcement suit marked FHC/ABJ/CS/1695/2023, filed by public interest lawyer Mr. Abubakar Marshal. The applicant told the court that he was forcefully stopped by VIO officials at Jabi District in Abuja on December 12, 2023, and his vehicle was confiscated without lawful justification. He asked the court to determine whether the actions of the VIO officials were wrongful, oppressive, unlawful, and a gross violation of his fundamental rights.
While granting the reliefs sought, Justice Maha specifically restrained the respondents, either directly or through their agents or assigns, from impounding or confiscating vehicles or imposing fines on motorists, describing such actions as wrongful, oppressive, and unlawful.
The court also issued a perpetual injunction restraining the respondents, whether by themselves, agents, privies, allies, or anyone acting on behalf of the Directorate of Road Traffic Services, from violating Nigerians’ rights to freedom of movement, presumption of innocence, and property ownership without lawful justification.
Justice Maha held that only a court of competent jurisdiction could impose a fine or sanction any motorist found to have breached existing laws. The court found that the respondents had violated the applicant’s right to property as guaranteed under Section 42 of the 1999 Constitution, as amended, and Article 14 of the African Charter on Human and Peoples’ Rights.
The court further ruled that the respondents were not empowered by any law to impound, confiscate vehicles, or impose fines on motorists, as such actions breached fundamental rights, including the right to fair hearing, freedom of movement, and presumption of innocence. These rights are protected under Sections 6(6)B, 36(1)(8) & (12), 41, and 42 of the 1999 Constitution, as amended, and Articles 2, 7(3), 12, and 14 of the African Charter.
Although the applicant, through his legal team led by Mr. Femi Falana, SAN, demanded N500 million as general and aggravated damages, along with an apology to be published in three national newspapers, the court awarded N2.5 million.
The respondents included the Directorate of Road Traffic Services, the Director of the establishment, its Abuja Area Commander as at December 12, 2023 (listed simply as Mr. Leo), the team leader Mr. Solomon Onoja, and the Minister of the Federal Capital Territory. Dissatisfied with the judgment, they filed the appeal that was dismissed on Thursday.
As an added bonus, every purchase comes with a FREE ebook titled: “AI in Legalpedia and Law Pavilion: A Research Guide.”
Ohio Books Ltd praises the publication, stating:
"....this is the only Nigerian book I know of on the topic."
How to Order:
📞 Call, Text, or WhatsApp: 08034917063 | 07055285878
📧 Email: benadigwe1@gmail.com
🌎 Website: www.benadigwe.com
Ebook Version: Access it directly online at https://selar.com/prv626
______________________________________________________________________
“Enhance Legal Practice With Authoritative Reports” — Alexander Payne Offers Comprehensive Law Reports, Spanning Over A Century Of Nigerian Jurisprudence
Interested buyers are encouraged to place their orders and enquiries via:
0704 444 4777, 0704 444 4999, 0818 199 9888
Website: www.alexandernigeria.com
The book, titled The Law of Torts in Nigeria: A Functional Approach, authored by Professor Hagler Sunny Okorie Ph.D and Ikeocha, Nathaniel Ngozi Esq, offers law students, practitioners, and academics a comprehensive guide to understanding and applying tort law in Nigerian courts. Interested buyers can place orders via the following contact numbers: 08028636615, 08037667945, 08032253813, or +234 902 196 2209.
_______________________________________________________________________
“Order Your Copy Now” — Basil Momodu, Esq. Unveils Second Edition Of His Book, "Civil Procedure In Nigeria"
According to the learned author, Basil Momodu Esq. "Law review is a continuum. We will continue to track changes in the law to enrich future editions." Recommended Booksellers: Lagos: 08033855230, Abuja: 08035991379, and others.
