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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.



Counsel’s Argument
On issue 1 Appellants’ counsel submitted that the suit of the Appellant is statute-barred.

He referred to Section 2(a) of the Public Officers Protection Laws of the Delta State and submitted that the Appellants are Public officers within the intendment of the provision.

He contended that the cause of action arose on 5 August 2014, while the suit was filed on 21 November 2014, which is over the 3 month period prescribed by the Public Officers Protection Law.

He placed reliance on Ibrahim v. Judicial Service Commission, Kaduna State (1998) 64 LRCN 5044, among other cases.

Respondent submitted that the Public Officers Protection Law is not an all-embracing bar against actions brought against public officers, but admits exceptions, which he set out in his Brief of Argument.

He further submitted that the act of the Appellants was ultra vires, and had no semblance or colour of authority, and so cannot be protected under the law.

He referred to Egbe v. Alhaji (1990) 21 NSCC (pt. 1) 306, among other cases.

The Respondent argued further that the illegal retention of the fee for the Road Worthiness Certificate means that there is a continuous wrong or injury to the Respondent.

This, he said, takes the case outside the application of the law.



Judgment of the court and the reason
Their Lordships held that the purpose of the Public Officers Protection Law, is to protect public officers from civil liability for any wrongdoing that occasions damages to any citizen if the action is not instituted within 3 months after the act, default or neglect complained of.

The law is designed to protect only the officer who acts in good faith and does not apply to acts done in abuse of office and without semblance of legal justification.

Their lordships held that there is however one well-established exception to the applicability of the Public Officers Protection Law, namely that it does not apply to acts of a public officer which are outside the scope of the authority or which is in abuse of his office or without semblance of legal justification.

Their Lordships relied on Nwankere v. Adewunmi(1966) 1 All NLR 129.

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

Their Lordships held that the 3rd Appellant, “Senior Vehicle Inspection Officer (Ughelli North Local Government Area of Delta State)”, is not a natural person.

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Their Lordships held that there is no express provision of the Road Traffic Law of Delta State or any other law which confers on him the right to sue or be sued eo nominee.

The Senior Vehicle Inspection Officer is only an administrative head of his zone and not the overall body, to wit: the Vehicle Inspection Unit.

The right to sue or be sued does not arise from the mere fact that a statute recognizes the existence of a body or office for the performance of a function.

The right must be donated by statute expressly or impliedly.

Their Lordships placed reliance on Erokoro v. Government of Cross River State (1991) 4 NWLR (pt. 185) 322.

His Lordship Joseph Eyo Ekanem, JCA held that, ‘‘The position of a Senior Vehicle Inspection Officer is akin to the position of a Divisional Police Officer who is the administrative head of a Police Division.

In the case of African Ivory Insurance v. Commissioner for Insurance (1998) 1 NWLR (pt. 532) 50, at 57, it was held that while the Commissioner of Police could be sued eo nomine as it is known to the Constitution, the Division Police Officer being an office set up merely for administrative convenience, cannot be sued.

It is, therefore, my opinion that the 3rd Appellant is not a person that can sue or be sued eo nomine’’.

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.



Representation
O. Monye, Esq. (Director, Civil Litigation, Ministry of Justice, Delta State, (with him, G. I. Ugbechie, Esq – Senior State Counsel) – for the Appellants.
Respondent in person.


https://thenationonlineng.net/private-vehicle-does-not-require-roadworthiness-certificate/

Marijuana needs to be legalize in Nigeria

fergie001:
Ngige has taken this one.

Who will have the last laugh between the two of them?

This is unbelievable

PrinceOfLagos:

Buhari is not Tinubu

The difference

Please man, don't be quoting me abeg

If you check, you go see say I no dey quote you.

You're so unreasonable and senseless.

Wey d video

Penguin2:


And you know that’s all I’m out for bro!

Just that his urchins keep believing the impossible.

Nigerians don’t want Aso Rock to be polluted with urine for Pete’s sake.

You guys said more than all this about Buhari

Some times, I do think some of you are acting like kids because this is a faceless forum.

Penguin2:
Nothing concern me with Southeast getting National Secretary in APC.

What I’m after is Tinubu’s candidate not becoming National Chairman and that Tinubu himself doesn’t end up as APC presidential candidate.

Simple!

Ogbonnaya Onu
Nwajiuba
Umahi
Amaechi
Emefiele.

Any of these guys is ok by me and by my fellow sane Nigerians who have not sold their consciences to a urinating drug lord.

You talk as if you're a member of the APC

All this does not concern you man.

post=110477959:
Ned, in anything we do in this world, diaris God ooooooo

How is this Ned fault? Jaruma and her lawyer didn't appear

Why will she not appear in court? It seems jaruma no know the kin wahala she put herself in

Woman United will lose

kollinzgee:


You are not well!
Our elites that have refused to give them referendum do you think they are fools? Its because they know if we let them go Nigeria dissolves totatally nobody likes us in Nigeria.

Nairaland is really a funny site

Jones4190:
Incase you don't know.

A Senator goes home with some 13m in each month as salary. That makes N156m in one year and N624m in a single term of 4 years for one person. Two terms come to N1.248b from tax payers’ sweat. This is probably more than what the entire civil servants in Bayelsa, Plateau or Bornu States can safe in four years. A House of Rep member rakes in N9m per month as salary. It comes to N108m in one year, N432m in a single term of four years and N864m in eight years for one person, almost the entire budget of a state at a point, going to one person for making useless laws for us.
The entire 109 Senators take N17, 004,000,000 -Seventeen Billion and four million naira- in just one year. That is enough to build a refinery. If you take into consideration 109 Senators in four years, you arrive at N68,016,000,000- Sixty Eight Billion and sixteen million naira. If I have that, I will almost build railways from Lagos to Jos. The House of Rep total N155,520,000 -One Hundred and Fifty Five Billion, Five Hundred and Twenty million naira in four years. Don’t multiply by eight years, so that you don’t cause hypertension.

Now the Constituency Allowance !!!

A Senator is entitled to some N200million Constituency Allowance while House of Rep is entitled to 100m Constituency allowance. It means in each year, 109 Senators collect N21,800,000,000-Twenty One Billion and Eight Hundred Million Naira while House of Rep members collect Constituency Allowance of N36,000,000,000.00-N36billion naira in just one year. This is crazy, in a country where Professors and medical doctors are not well paid. They even earn more than state governors.

Now, if each Senator collects N200m in one year-I hope it is once in four years- it means each Senator is at will to spend N800m of public funds in four years and N1.6b in eight years without resort to public scrutiny and each House of Rep member to spent N400m in four years and N800m in eight years without any consultation with the people. This is madness.

I'm coming, let me eat bread and beans, I'm hungry

This figures are scary

How can Politicians that want to serve feel comfortable earning this kin amount of money

And we get labour for Nigeria o

Cc
safetyInspector

DrySaliva:



This is a milestone project, I must say... kudos to the beneficiaries.


OP you would have added a video to the post. E for make brain.


Thanks anyways!

https://www.youtube.com/watch?v=J77I9yZjsX0

This is an old video o... It was made more than a year ago

Nigerians are part of the reason this country is not developing at a fast pace.

https://www.youtube.com/watch?v=J77I9yZjsX0

This video was made more than a year ago.


This is a massive project.

Construction of the first road link to Bonny Island in highly challenging environment and soil conditions

Bodo-Bonny Road, Rivers State
As the first road link between Bonny Island to the rest of Rivers State, the Bodo-Bonny road is a milestone infrastructure development project for the advancement of the Niger Delta and a catalyst for the continued success of Bonny Island - a key industrial area in Nigeria tied to the economic development and general wellbeing of the Nation as a whole.

This pioneer project is also a benchmark regarding financing cooperation between the private and public sectors, in reference to the special contractual conditions of part funding of 50% by Nigeria LNG Limited (NLNG).

Technically, the road is a massive undertaking with many construction challenges due to the low lying marshy area, muddy and swampy soil conditions and considerable tidal movements. The scope comprises construction of a 39 km long road, cross culverts and two mini bridges with a span of 23 m each as well as two creek bridges, Afa Creek Bridge of about 530 m length and Nanabie Creek Bridge of about 640 m length, in addition to the construction of a major river bridge of about 750 m length over the Opobo Channel.

Substantial dredging activities and a number of specialized soil stabilization methodologies are being carried out. Incremental launching is utilized for bridge construction. The highly mechanized method consists of manufacturing the superstructure of the bridge by sections in a prefabrication area behind one of the abutments with each new unit concreted directly against the preceding one - after it has hardened the resultant structure is launched forward over temporary sliding bearings.


https://www.julius-berger.com/references/bodo-bonny-road-rivers-state


© 2022 Julius Berger Nigeria Plc.

seunmsg:


A lot have been said about the second Niger bridge but one project that is very important but hardly gets talked about is the Bodo-Bonny project. Despite Bonny Island housing a very critical national investment like the NLNG, it’s such a shame that there is no road linking the Island to Port harcourt.

Abacha made a serious attempt to construct the road but subsequent government failed to do anything about it till Buhari came into office. I visited the project site in February 2020 and I was very impressed with the quality of work Julius Berger was doing at the time. It’s good that Fashola is now blowing the trumpet of the project.

Building a world class road over river, muddy waters, illegal crude exploration and refinery creeks couple with the insecurity caused by the Niger Delta militancy is no mean feat.

Please when will the bridge be completed?

LegendHero:
Babatunde Raji Fashola, my most favorite politician.

In summary, below are the infrastructures he mentioned:

— Apapa-Oworonshoki road in Lagos state
— Bodo-Bonny Bridge in Rivers
— second Niger Bridge (to be completed)

When will the Government complete the bonny-Bodo bridge?

Penguin2:


As much as your argument is still logical and would pass as valid, it falls short of social and distributive justice and equity, that should exist within a union.

So the CPC got the presidency in 2015.
The ACN got the Vice Presidency.
While nPDP got the Senate (through struggle).

Now, in 2023, your proposing a scenario that ACN, again, elevates to the presidency while the nPDP settles for Vice presidency.

Where does that leave the ANPP bloc?
Where does that leave the APGA bloc?

In fairness, should the bloc that got nothing at all in 2015 not get the largest share of the available offices while the bloc that got second to nothing follows in that order before those who got the largest share in 2015 are considered?

Should it rather than be the survival of the fittest where the strongest should always win and those who are not as strong can continue to grumble?

If you support that notion, then it would also be valid to argue that the CPC bloc, since they are in power, can scheme to retain power even in the north and not bother about zoning it to the south at all.

Or you think there’s anything ACN bloc or any other bloc at all can do other than pull out of the union?

The Major parties that made APC possible is the ACN and CPC, without the rest, ACN and CPC will still win the 2015 presidential election.

Sonyboom765:
Over to the jews without a single city on the list. Them go say na afonja media compose am

Don't derail this thread

You guys don't learn anything in Nigeria Politics

All this thread won't stop people that want to vote Tinubu from voting him.

Do some of you even get paid to open this kind of threads?

For all the politicians wey don declare their intention to contest like Umahi and Okorocha, is only the cries of Tinubu we dey always hear

Buhari and his mumu talk

But you fit dey go Europe for medical care

Burruchaga71:
Am still saying that denying Igbo presidency in 2023 will be the end of Nigeria. I swear

Who is stopping an Igbo man from contesting?

omaclarry:


There is a difference, Martin Luther was an orator, all pastors are orators.. their speech can move crowd.

Una too like to dey give excuse.

Congratulation

Revlation:
He has a point though, but I feel that we should learn to appreciate good things

There is nothing good about the deal.

Revolution2022:
When a medical doctor is appointed as a minister of labour there will always be a problem.
When a primary school certificate holder is both the president and minister of petroleum,there will be incompetency and austerity in that country.

A medical doctor been a minister of labour does not matter

Martin luther was a pastor

Ngige is just incompetent.

donbachi:
uncompleted

PDP should microzone the ticket to the South South then