When next VIO officials, Road Safety or Police demand for Certificate of Road Worthiness while driving your private car, tell them that the courts have determined that according to Nigerian law, privately registered vehicles are not required to obtain Certificate of Road Worthiness.

Private vehicle does not require roadworthiness certificate

IN THE COURT OF APPEAL

IN ASABA JUDICIAL DIVISION

ON FRIDAY 12TH MARCH 2021

BEFORE THEIR LORDSHIPS


MOHAMMED A. DANJUMA, JCA

JOSEPH EYO EKANEM, JCA


ABIMBOLA O. OBASEKI-ADEJUMO, JCA



BETWEEN

THE GOVERNOR OF DELTA STATE OF NIGERIA & 2 Ors

And

OLUKUNLE OGHENEOVO EDUN, ESQ

(Lead Judgment delivered by Honourable Justice Joseph Eyo Ekanem, JCA)



Facts of the case:

The Respondent, a Legal Practitioner based in Warri, while driving his vehicle along Afisere Road, Ughelli, Delta State, was intercepted by Officers of the 3rd Appellant, through a road block; and was asked to produce his Certificate of Road Worthiness.

The Respondent maintained that he had none and that, as a private car owner, whose vehicle was not used for mercantile or commercial purpose, he was not required to apply for roadworthiness.

This led to serious traffic which prompted the 2nd Appellant to release the Respondent. Upon inspection of his documents, the Respondent discovered that he was actually issued a Certificate of Road Worthiness by Officers of the Appellant.

He therefore initiated an action by way of Originating Summons at the High Court of Delta State, seeking the interpretation of whether a Certificate of Road Worthiness was needed for private owned vehicles.

The trial court found in favour of the Respondent.

The Appellant, aggrieved, lodged an appeal to the Court of Appeal.



Issues for determination:

1.Whether the suit of the Respondent filed against the Appellants on 21 November 2014 is not statute-barred, in view of the provisions of Section 2(a) of the Public Officers Protection Law, Cap. P.23, Vol. IV, Laws of Delta State of Nigeria, 2006.

2.Whether the 3rd Appellant “Senior Vehicle Inspection Officer (Ughelli North Local Government Area of Delta State), is a juristic person that can be sued.

3.Whether by virtue of the provisions of all relevant laws relating to Road Traffic, the Certificate of Road Worthiness has no application to private motor vehicles.



The Appellants’ counsel argued that Certificate of Road Worthiness has application to private vehicles.

He referred to the learned trial Judge’s interpretation of Section 48(1), (4) and (5) of the Law and submitted that it cannot be the correct intendment of the lawmakers.

This he said is because the law defines “Motor Vehicle” to mean mechanically propelled vehicle intended or adapted for use on roads. He also referred to Section 3(2) of the Road Traffic Law.

He contended that if the intention of the lawmakers was that private vehicles be exempted from carrying the Certificate of Road Worthiness, it would have been expressly so stated.

He stated that this is on account of the fact that Section 48(1) and (2) of the Law, which empowers persons authorized to impound vehicles plying the road without certain particulars includes Road Worthiness Certificate as one of the particulars meant to be carried by vehicles plying the road.

The Respondent submitted that a perusal of the Law and its Regulations shows that there is no provision therein that empowers the Appellants to issue Certificate of Road Worthiness in respect of vehicles used for non-commercial purposes.

Rather, the only section that authorizes the Appellants to examine vehicles is Regulation 58 of the Regulations, which relates only to examination of commercial vehicles and the issuance of certificate therefor after such examination.

He referred to Section 2 of the Law (the interpretation Section) and submitted that his vehicle does not fall within the definition of a commercial vehicle.

He also referred to Regulation 2 of the Regulation and Section 43 of the Law, which empowers the State Execution Council to make regulations on various matters relating to road traffic and Regulation 5 of the Regulation made pursuant thereto, which he said relates to the examination of commercial vehicles only.

He argued that there is no similar provision in respect of vehicles used for private purposes.

Their Lordships held that Paragraphs (2), (3), (4) and (5) of Regulation 5 of the Road Traffic Regulations (RTR) made detailed and comprehensive provisions for the factors or matters that must be present for the registration of categories of vehicles as follows:

(1)Paragraph (2) is for registration of commercial and passenger carrying vehicles, to wit: categories (iv), (v), (vi), (vii) and (viii) of the paragraph (1).

(2)Paragraph 3 is for registration of trailers (that is to say category (iii) of paragraph (1).

(3)Paragraph 4 is for registration of agricultural machine, that is to say category (ix) of paragraph (1).

(4)Paragraph 5 is for registration of tractor, that is to say category (x) of paragraph 1..

The requirements include the production of a Certificate of Road Worthiness issued under Regulation 58 at the time of the application for registration.

Regulation 58(1) and (2) of the RTR states:

(1) Every commercial vehicle, trailer, taxi, stage carriage, omnibus, shall before being registered or licensed and every 6 month thereafter, be examined by a Vehicle Inspection Officer.

(2) Examination Certificate – where at such examination a vehicle is found to be roadworthy, the Vehicle Inspection Officer shall issue a certificate to that effect as in Form M. L. 9 in the Sixth Schedule, which shall remain valid for 6 months. Such certificate shall be carried in the registration book and produced when required by Licensing Authority, a Vehicle Inspector or a Police Officer.”

Their Lordships held that this requirement applies only to vehicles that come under paragraphs (2) and (3) only, that is, commercial and passenger carrying vehicles and trailers.

Their Lordships held that it is, therefore, clear from the above that the provisions of Regulation 5 is loudly silent in respect of private motor vehicles.

I agree with the learned trial Judge. The provisions for particulars of motor vehicles are to be found in the RTR which as I have already demonstrated do not require a private motor vehicle to have a Certificate of Road Worthiness.

It follows therefore that the words “any of the particulars…” refer to the particulars as are required in respect of each category of motor vehicle as set out in Regulation 58 of RTR.

Their Lordships held that from the foregoing it can be drawn that a private motor vehicle is a motor vehicle belonging to a particular person, or which is for the use of a particular person or group, and for the carrying of their personal effects and not for public use or for hire or reward.

His Lordship Joseph Eyo Ekanem, JCA held that

‘‘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.

“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. See Wilson v. Attorney-General of Bendel State (1985) 1 NWLR (pt. 4) 572, at 591.

“The Vehicle Inspection Officers went beyond the powers vested in them by the law and the Road Traffic Regulations, by violently stopping the private motor vehicle of the Respondent on a public highway, using menacing tactics and dangerous implements to demand for Certificate of Road Worthiness which the said vehicle is not required to have.

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

The Appeal was dismissed.


Read the details of the judgement here - https://thenationonlineng.net/private-vehicle-does-not-require-roadworthiness-certificate/

The law has spoken

Honestly, it should be for commercial vehicles cos more lives are at stake, not the other way round. But these people will take any opportunity they have to stress private car owners.

Is it those uneducated VIO that will listen

e be like say na delta state everybody for here dey

ojodu go full for una motor oh

lordm:
Is it those uneducated VIO that will listen

The bosses are educated. They know the law doesn't give them the right to ask for roadworthiness from private cars, but the do anyway, in order to extort money from motorists.

Imagine Abba Kyari suing the NDLEA and police for detaining him beyond 24 hours without charging him to court. Meanwhile he detained someone for 1 month on the orders of Hushpuppi. You think he did not know he was violating the law?

wirinet:
When next VIO officials, Road Safety or Police demand for Certificate of Road Worthiness while driving your private car, tell them that the courts have determined that according to Nigerian law, privately registered vehicles are not required to obtain Certificate of Road Worthiness.

can we meet face 2 face?

HellVictorinho6:



can we meet face 2 face?

I am Sorry I try to separate my real life from my online persona. Nigeria is a dangerous place at the moment. My WhatsApp was hacked last Friday, it took me 24 hours to recover my account, before then the hacker had wrecked havoc to my reputation, by contacting everyone on my contact list and pretending to be me begging for loan. Luckily, only one person fell. I am still trying to resolve that one till now.

Drop your email and I will contact you with my alternative email. I will see if I can be of assistance anonymously.

wirinet:

I am Sorry I try to separate my real life from my online persona. Nigeria is a dangerous place at the moment. My WhatsApp was hacked last Friday, it took me 24 hours to recover my account, before then the hacker had wrecked havoc to my reputation, by contacting everyone on my contact list and pretending to be me begging for loan. Luckily, only one person fell. I am still trying to resolve that one till now.

Drop your email and I will contact you with my alternative email. I will see if I can be of assistance anonymously.

dont worry

am going to drop my whatsapp

09163989689

all u gatz do is message me now and notify on nairaland or by replying this

my phone cant mail

we shall use dis platform 2 verify our convo where necessary.

wirinet:

I am Sorry I try to separate my real life from my online persona. Nigeria is a dangerous place at the moment. My WhatsApp was hacked last Friday, it took me 24 hours to recover my account, before then the hacker had wrecked havoc to my reputation, by contacting everyone on my contact list and pretending to be me begging for loan. Luckily, only one person fell. I am still trying to resolve that one till now.

Drop your email and I will contact you with my alternative email. I will see if I can be of assistance anonymously.

Is there not any other means then ?

It seems u dont want 2 send a whatsapp message.

Am using a tecno t901 which i cant use 4 gmail

wirinet:

I am Sorry I try to separate my real life from my online persona. Nigeria is a dangerous place at the moment. My WhatsApp was hacked last Friday, it took me 24 hours to recover my account, before then the hacker had wrecked havoc to my reputation, by contacting everyone on my contact list and pretending to be me begging for loan. Luckily, only one person fell. I am still trying to resolve that one till now.

Drop your email and I will contact you with my alternative email. I will see if I can be of assistance anonymously.

a friend has permitted me to use his mail

olayemigod@yahoo.com


however , he knows me as victor ,not hellvictorinho.