The Asaba Division of the Court of Appeal has ruled that payment of levy and issuance of Road Worthiness Certificate to private vehicles is illegal, warning that the state government “must not abuse” its powers.

The ruling is an affirmation of the judgment of the High Court in Ughelli area of the state.

While delivering his judgement in appeal NO: CA/B/333/2017, Justice Joseph Ekanem stated that he found no merit in the appeal and therefore affirmed the decision of the trial court.

The court stated that the Vehicle Inspection Officers (VIOs) lack the powers to stop a private vehicle on the highway to demand a certificate of roadworthiness.

“Before drawing the curtain on this judgment, I need to remind public bodies and public officers that a public body or public officer vested with statutory power must take care not to exceed or abuse its or his power,” the court said, according to TheNigerianLawyer, adding that “It or he must keep within the limits of the authority committed to it. This is to prevent arbitrariness and the rule of man rather than the rule of law.”

It stressed that “the Vehicle Inspection Officers went beyond the powers vested in them by the Law and the RTR by violently stopping the private vehicle of the respondent on a public highway using menacing tactics and dangerous implements to demand a certificate of roadworthiness,” which the private car is not required to have.

Such conduct according to the court, “sends a wrong signal to the citizens who may adopt such strong-arm tactics as a means of settling disputes.”

The court further held that a private vehicle belongs to a particular person or “which is for the use of a particular person or group in carrying their personal effects and not for public use or for hire or reward,” adding that it is illegal to impound it for not having a certificate.

“It will be absurd and completely illegal to impound a private motor vehicle for not having or carrying a hackney license or stage carriage license because it is provided as two of the particulars for which any vehicle may be impounded for not having,” the court said.

The Appeal Court further awarded the cost of N200,000 against the Appellants.

In 2014, the Welfare Secretary of the Nigerian Bar Association Kunle Edun, brought an action against the Delta State governor, the attorney-general of the state and the Senior Vehicle Inspector Officer, Ughelli North Local Govt Area of the state for demanding a valid Road Worthiness Certificate for his private vehicle.

Mr Edun, in his summons, noted that there is no provision of the law in the state for such a certificate as it is only required for commercial transporters or haulage.

Having gone through their pleadings, the trial court maintained that they are not authorised to demand fee or issue certificate of Road Worthiness from private vehicles, according to the Road Traffic Law of the state.

The court also declared that the money received by the defendants for the purpose was a violation of the provision of the Road Traffic Law (CAP R9) Law of Delta State, 2008.

The court also noted that the money collected by the defendants to the issuance of the said certificate was illegal and a violation of the provision of the Road Traffic Law (CAP R9) Law of Delta State, 2008.

The trial court, therefore, awarded the cost in the sum of N100,000 against the Defendants in favour of Kunle Edun.