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Private Car Owners Do Not Need Roadworthiness Issued By VIO - Appeal Court - Car Talk - Nairaland

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Private Car Owners Do Not Need Roadworthiness Issued By VIO - Appeal Court by HottieCoach(f): 10:03am On Apr 09
The Court of Appeal sitting at Asaba has just affirmed the judgment of the High Court, Ughelli declaring that the Delta State government lacks the power to authorize and demand the payment of levy and issuance of Road Worthiness Certificate in respect of private vehicles.

Justice Joseph Eyo Ekanem On 12th March 2021, while delivering the judgment in appeal NO: CA/B/333/2017, stated that he found no merit in the Appeal and therefore affirmed the decision of the trial court.

According to the Certified True Copy of the judgment sighted by TheNigeriaLawyer, the Court further stated 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.

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 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 court also holds 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 in carrying their personal effects and not for public use or for hire or reward and it will be absurd and completely illegal to impound a private motor vehicle for not having or carrying 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 Appeal Court, therefore, awarded the cost of N200,000 against the Appellants.

The Welfare Secretary of the Nigerian Bar Association and a human rights lawyer, Kunle Edun, had in 2014 brought an action against the Governor of Delta State, the Attorney of the state and the Senior Vehicle Inspector Officer, Ughelli North Local Govt Area, Delta for asking him to produce a valid Road Worthiness Certificate for his private vehicle, when there is no provision of law in the state for such certificate.

Kunle Edun in his Summons noted that the said certificate is required for commercial transporters or haulage.

The trial Court having gone through their pleadings noted that the Road Traffic Law of the state does not confer on them the right to demand and /or collect any fee/ levy or issue certificate of Road Worthiness in respect of vehicles used for private purposes.

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.

https://thenigerialawyer.com/delta-govt-lacks-power-to-issue-road-worthiness-certificate-and-demand-levy-thereon-court-of-appeal-rules/

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Re: Private Car Owners Do Not Need Roadworthiness Issued By VIO - Appeal Court by HottieCoach(f): 10:04am On Apr 09
Judge of the people's cheesy

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7 Likes

Re: Private Car Owners Do Not Need Roadworthiness Issued By VIO - Appeal Court by DubaiLandLord: 10:11am On Apr 09
This is good news for people with private cars o.

34 Likes 3 Shares

Re: Private Car Owners Do Not Need Roadworthiness Issued By VIO - Appeal Court by Splendor4(m): 10:11am On Apr 09
good one
Re: Private Car Owners Do Not Need Roadworthiness Issued By VIO - Appeal Court by blamingthedevil: 10:11am On Apr 09
Good one... Judiciary....where is the certified true copy of the judgement .

31 Likes 3 Shares

Re: Private Car Owners Do Not Need Roadworthiness Issued By VIO - Appeal Court by Nigeriabiafra82: 10:12am On Apr 09
Ok
Re: Private Car Owners Do Not Need Roadworthiness Issued By VIO - Appeal Court by Mutemenot(m): 10:12am On Apr 09
This judgement 'll cause more kasala

9 Likes

Re: Private Car Owners Do Not Need Roadworthiness Issued By VIO - Appeal Court by Baawaa(m): 10:12am On Apr 09
Ope ooo
Re: Private Car Owners Do Not Need Roadworthiness Issued By VIO - Appeal Court by sherishmi(m): 10:12am On Apr 09
I wish this could happen in Lagos. Those VIO and FRSC wahala too plenty.

40 Likes 3 Shares

Re: Private Car Owners Do Not Need Roadworthiness Issued By VIO - Appeal Court by ActiveFx: 10:13am On Apr 09
Story. Tell that to the white uniform people

2 Likes

Re: Private Car Owners Do Not Need Roadworthiness Issued By VIO - Appeal Court by Businext: 10:13am On Apr 09
smiley
OK this is just a court judgment and new law
But sadly in Nigeria the town is far from the gown
Judgments of courts are far from realities on ground.
Judges had given rulings with regards Fela, Nnamdi Kalu and Dasuki
They were not adhered to.
Judges have given rulings with regards Police, Army, Latsma, Road Safety
They were not adhered to.
Judges have given rulings with regards Dangote, BUA, and many businesses
They were not adhered to.

Could this be another judgment confined to the books?
Would it see light of day?
Would it be implemented?

#TimeWillTell

26 Likes 3 Shares

Re: Private Car Owners Do Not Need Roadworthiness Issued By VIO - Appeal Court by Cdng14: 10:13am On Apr 09
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1 Like

Re: Private Car Owners Do Not Need Roadworthiness Issued By VIO - Appeal Court by Goke7: 10:13am On Apr 09
that is why states like Lagos will legislate any law they want to enforce, other states go just dey do copy and paste till they mess themselves up

8 Likes 1 Share

Re: Private Car Owners Do Not Need Roadworthiness Issued By VIO - Appeal Court by SimplyFacts: 10:13am On Apr 09
Mmmm
Re: Private Car Owners Do Not Need Roadworthiness Issued By VIO - Appeal Court by alphaconde(m): 10:13am On Apr 09
e don burst for them
Re: Private Car Owners Do Not Need Roadworthiness Issued By VIO - Appeal Court by LibertyRep: 10:14am On Apr 09
Kudos to the lawyer who took the matter to court.

Maybe Nigeria would have been a better place if actions of law enforcement agents are challenged in court

24 Likes 2 Shares

Re: Private Car Owners Do Not Need Roadworthiness Issued By VIO - Appeal Court by viincent: 10:14am On Apr 09
Actually, this certificate of roadworthiness is supposed to be for public
vehicles but the corruption in the Nigerian system will not allow them to
focus on danfo but will rather choose to harass private car owners.

8 Likes

Re: Private Car Owners Do Not Need Roadworthiness Issued By VIO - Appeal Court by SarkinYarki: 10:14am On Apr 09
Hmmm
Re: Private Car Owners Do Not Need Roadworthiness Issued By VIO - Appeal Court by Kingofdiamond: 10:14am On Apr 09
Audio.


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1 Like

Re: Private Car Owners Do Not Need Roadworthiness Issued By VIO - Appeal Court by justhairs(m): 10:15am On Apr 09
kk
Re: Private Car Owners Do Not Need Roadworthiness Issued By VIO - Appeal Court by dfrost: 10:15am On Apr 09
cheesy grin

Lagos, Ogun and Abuja private vehicle owners will need this judgement more.

7 Likes

Re: Private Car Owners Do Not Need Roadworthiness Issued By VIO - Appeal Court by jamiudarex(m): 10:15am On Apr 09
Nice one
Re: Private Car Owners Do Not Need Roadworthiness Issued By VIO - Appeal Court by DubaiLandLord: 10:15am On Apr 09
sherishmi:
I wish this could happen in Lagos. Those VIO and FRSC wahala too plenty.
The law is suppose to be binding in all states now, abi no b so ni?

14 Likes 1 Share

Re: Private Car Owners Do Not Need Roadworthiness Issued By VIO - Appeal Court by Agrodisiacc(m): 10:16am On Apr 09
Very true
Re: Private Car Owners Do Not Need Roadworthiness Issued By VIO - Appeal Court by JimmyBishop: 10:16am On Apr 09
Pls somebody help me, is this judgement applicable in Abuja too?

4 Likes

Re: Private Car Owners Do Not Need Roadworthiness Issued By VIO - Appeal Court by Kukukillus: 10:16am On Apr 09
Naija always celebrating the list life impacting development, how this news take concern 80% of nigerians wey never see food chop talk less of car.

2 Likes

Re: Private Car Owners Do Not Need Roadworthiness Issued By VIO - Appeal Court by Baawaa(m): 10:17am On Apr 09
blamingthedevil:
Good one... Judiciary....where is the certified true copy of the judgement .
VIO officer,no more egunje from private vehicle owners,you better go back to your village and start farming grin grin

12 Likes 1 Share

Re: Private Car Owners Do Not Need Roadworthiness Issued By VIO - Appeal Court by drymit: 10:17am On Apr 09
Good judgment
Re: Private Car Owners Do Not Need Roadworthiness Issued By VIO - Appeal Court by 9jatriot(m): 10:18am On Apr 09
You captured it well.
If even government loses the case, all they need to do is to now officially make it a law and then the practice will continue. Very simple.

Nothing really to celebrate here.

Goke7:
that is why states like Lagos will legislate any law they want to enforce, other states go just dey do copy and paste till they mess themselves up

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