₦airaland Forum

Controversial Nigerian singer, Habeeb Okikiola, popularly known as Portable is back in the studio after his release from police custody.

The singer, on Thursday, shared a snippet of soon to be released new song – “Spiderman” in response to his arrest for defaulting on the payment plan for his G-Wagon SUV.

Produced by 2tuponthebeat, the song alludes to the singer’s flying power in relation to how he jumped over a gate to evade arrest.

The incident captured in a video that circulated on Tuesday,  the singer dressed in a white and black stripe shirt standing alongside eight other people, was seen climbing over a near gate before taking to his heels

After spending 24 hours in custody, the “Zazuu” crooner regained his freedom after meeting the bail conditions set for his release.

Sometime in March 2023, the Ogun State Police Command arrested the famous singer for cursing and rough handling some men of the Nigeria Police Force in two video clips that went viral.


The police, during a probe of the incident, invited Portable, who refused to honour the invitation. Enraged by his audacity, the police issued a 72-hour ultimatum and subsequently arrested him.

In another development, the singer was also arrested by policemen in Ogun State and later arraigned on five counts bordering on alleged assault and stealing at the Ifo Magistrates’ Court.

He was remanded at the Ilaro Correctional Centre and later released after meeting his bail conditions.

https://punchng.com/new-release-portable-converts-recent-arrest-into-song/

May God forgive this Government because they don't know what they are doing.. the world is coming to an end , Jesus is coming soon repent and give your life to Jesus Christ the son of God. God bless you as you do so. AMEN.

602

The average price of imported food commodities to Nigeria rose to its highest level, reaching 34 per cent in one year between April 2023 and April 2024.

This represents an increase of 200 basis points from 32 per cent recorded in March 2024, according to an analysis of the Consumer Price Index report released by the National Bureau of Statistics on Wednesday.

The Federal Government had ruled out the importation of food as part of strategies to address the high costs of foodstuffs and the economic hardship troubling the country.

However, internal and external factors including global supply chain shocks following the Covid-19 pandemic and the Russia-Ukraine war, surge in global oil prices, FX scarcity and subsequent depreciation of the local currency have increased the nation’s dependence on food imports.

In April, Nigeria saw its inflation rate rise for the 16th straight month, spurred by a threefold surge in electricity tariffs and increased transportation expenses.

This represents a month-over-month increase of 0.49 per cent points in the headline inflation rate but was lower than the median estimate of eight economists in a Bloomberg survey of 34.2 per cent.

Comparing year-on-year data, the inflation rate in April 2024 was 11.47 percentage points higher than in April 2023, where it stood at 22.22 per cent. This indicates that the headline inflation rate has risen significantly over the past year.

A report by Financial Derivatives, however, stated that the outcome of the national data did not take into consideration petrol scarcity. Next month’s reading will capture the effect.

The acceleration raises the prospect of another interest-rate hike when the central bank’s monetary policy committee meets next week. It’s already lifted borrowing costs to a record high to curb price growth and boost the naira.

Core inflation, which excludes farm produce and energy costs, quickened to 26.8 per cent from 25.9 per cent and food price growth accelerated to 40.5 per cent in April from 40 per cent a month earlier.

Additionally, on a month-to-month basis, the inflation rate for April 2024 was 2.29 per cent, which is 0.73 per cent lower than the 3.02 per cent recorded in March 2024.

This suggests that the rate at which prices increased in April 2024 was slower than the rate in March 2024.

The report read, ”In April 2024, the headline inflation rate increased to 33.69% relative to the March 2024 headline inflation rate which was 33.20 per cent. Looking at the movement, the April 2024 headline inflation rate showed an increase of 0.49% points when compared to the March 2024 headline inflation rate.

“On a year-on-year basis, the headline inflation rate was 11.47 per cent points higher compared to the rate recorded in April 2023, which was 22.22 per cent. This shows that the headline inflation rate (year-on-year basis) increased in April 2024 when compared to the same month in the preceding year (i.e., April 2023).

“Furthermore, on a month-on-month basis, the headline inflation rate in April 2024 was 2.29 per cent, which was 0.73 per cent lower than the rate recorded in March 2024 (3.02 per cent). This means that in April 2024, the rate of increase in the average price level is less than the rate of increase in the average price level in March 2024.”

Similarly, the food inflation rate reached 40.53 per cent on a year-on-year basis, marking a substantial increase of 15.92 percentage points from the 24.61 per cent recorded in April 2023.

This significant rise in food inflation can be attributed to higher prices for several items including millet flour, garri, bread, prepacked wheat flour, and semovita, all of which belong to the Bread and Cereals class, as well as for yam tuber, water yam, and cocoyam and others.

For the year ending in April 2024, the average annual rate of food inflation stood at 32.74 per cent, representing an increase of 9.52 percentage points over the 23.22 per cent average annual rate recorded in April 2023.

“On a month-on-month basis, the food inflation rate in April 2024 was 2.50 per cent which shows a 1.11 per cent decrease compared to the rate recorded in March 2024 (3.62 per cent). The fall in Food inflation on a Month-on-Month basis was caused by a fall in the rate of increase in the average prices.”

Kogi retained its title as the most expensive state, with an all-items inflation rate of 40.84 per cent, against food inflation which stood at 48.62 per cent.

Kwara food inflation upscaled to the second place against the third spot it recorded in the preceding month to a record of 46.73 per cent.

Ondo, Osun and Akwa-Ibom food inflation stood at 45.87, 45.62 and 45.09 per cent respectively. While all-items inflation for the states were 38.12, 37.17 and 36.03 per cent.

However, it was no different in Edo State, as the cost of foods and services was pushed higher as a result of a 44.59 per cent food inflation and 32.72 per cent on all items inflation.

Abia and Rivers’s all-items inflation rates exceeded 35 per cent driven largely by food price hikes against an average of 44.53 per cent on food inflation.

Oyo also experienced a significant jump to 43.53 per cent in food inflation while Ebonyi state joined the list with inflation rates exceeding 39.18 per cent.

The report noted that Lagos state had the highest surge in the price of food and all items inflation by 4.74 and 4.52 per cent respectively.

Commenting on the rate, economists at Financial Derivatives company said the rate increase was expected due to the renewed pressure on Niara, and the heightened food prices which are further exacerbated by seasonality.

They added that this may force the CBN to either raise interest rates by 50bps or 100 basis points increase, in line with most other Central Banks in the World.

The report read in part, “Nigeria announced its official inflation for April today as scheduled. As widely anticipated, headline inflation rose by 0.49% to 33.69%. The renewed pressure on Niara, and the heightened food prices which are further exacerbated by seasonality are the major stoking factors.

“The sustained uptick in the general price level was mainly due to a surge in the food basket, which increased by 0.52 per cent to 40.53 per cent. This is not surprising as the second quarter is typically the peak of the planting season. Some of the commodities that witnessed the highest spikes are millet flour, Garri, bread, yam and other tubers, vegetable oil, and fish. Core inflation moved in tandem with food inflation, increasing by 0.94 per cent to 26.84 per cent from 25.90 per cent. This implies that Nigeria’s inflation is more structural than transient.

“Two major uncertainties have impacted inflation expectations & psychology in the past few months. These include the price of diesel and Naira misalignment in the forex market. The price of diesel declined by 29.41 per cent to N1200/litre from N1700/litre while the exchange rate appreciated by 82 per cent.  After the CBN policy implementation in February, there was a noticeable decline in the month-on-month inflation by 10bps in March and another 73bps in April. CBN is right on track with what needs to be done to rein in inflation. The MPC meets next week, and expectations are for either a 50bps or 100 basis points increase, in line with most other Central Banks in the World.”

https://punchng.com/imported-food-prices-rise-as-inflation-hits-33-69-nbs/

Buy now and collect wotowoto later , like portable 😎 anyway let me come and be going

"





Fuel prices are expected to fall marginally from May 16, 2024, the Institute for Energy Security has predicted.


This is due to the reduction of prices of refined petroleum products on the international market which is wider than the cedi depreciation.

“Following the changes recorded on the international market for refined petroleum product, Gasoline [petrol], Gasoil [diesel] and Liquified Petroleum Gas (LPG) recorded a fall of about 5.68%, 4.51% and 4.72% respectively”.

“In the second pricing-window for May 2024, ex-pump is expected to fall given the reductions recorded for refined petroleum products on the international market, which is wider than Ghana cedi depreciation”, it mentioned.


World Fuel Market

The Global Standard & Poor (S&P) Platts tracking of petroleum products performance on the world fuels market indicated significant fall in price for petrol, diesel and LPG.

Specifically, petrol price has fallen by 5.68%, diesel price down by 4.51% and Liquefied Petroleum Gas tumbled by 4.72%.

The comparative analysis of data revealed all price of petroleum products have fallen significantly on the world fuel market.

Local Fuel Market Performance

The first pricing-window for May 2024 saw marginal increments in the price of some petroleum products.


The IES computation of petroleum products for May 2024 showed petrol and diesel selling at GH14.22 and GH14.00 per litre respectively, whereas LPG went for GH15.05 per kilogramme.

https://www.myjoyonline.com/fuel-prices-to-ease-from-may-16-2024-ies/

Sorry brother let me see

ibechris:
This is a comprehensive analysis of how they have dealt with the people.

Wicked govt.

😂😂😂😂😂😂 People people make una hellep me iyabasy no go kelling me I no fit laugh again 😂😂😂😂😂😂

Apartments under Lagos bridges

WITHIN the space of a few days, officials of the Lagos State Government “discovered” two residential setups tucked under the flyover bridges in the Ikoyi foreshore axis. One was found under Dolphin Estate Bridge while the other was located at Osborne Bridge.

According to a well-circulated social media post by the state’s Commissioner for Environment and Water Resources, Tokunbo Wahab: “Another illegal settlement was discovered under Osborne Bridge, Ikoyi. Lagos State Environmental Sanitation Corps #LAGESCOfficial, KAI, commenced immediate clearance operation”.


When the issue of ungoverned spaces and the security problems they pose is brought up, the tendency is for people’s minds to drift in the direction of the forests and farmlands where armed outlaws have settled in to terrorise the people. This “discovery” in Lagos simply shows that even in our major urban areas such as the Lagos City-State which serves as the nation’s primary melting pot and economic capital, there exist large swathes of ungoverned spaces.



It is seriously perturbing that people will summon the gumption to erect an 86-room dwelling under a bridge and collect up to N250,000 per room in rents! No one knows for how long this eyesore went on before a Mobile Police officer on a jogging exercise “discovered” it and notified the authorities. How can this even start without the Lagos State Government, the local government, the elected representatives and members of the community knowing about it?


That it was allowed at all means that some influential local chieftains must be involved. We wait to see how far the state government will go in its avowed resolve to track down those behind them.

In truth, the “discoveries” at the Lagos Osborne foreshore area is not an isolated phenomenon. There is hardly any bridge in Lagos that is free of illegal occupancy. Some serve as residential areas, markets, motor parks, social joints, truckers’ settlements, brothels and what have you. These are also the den of thieves, drug dealers, cultists, ritualists and potential abodes of terrorist sleeper cells.

In other words, just as the ungoverned spaces in the bushes provide covers for jihadist terrorists, bandits and land-grabbing armed herdsmen, the undersides of bridges in Lagos and other major urban centres are allowed to provide hideouts for undesirable elements who can threaten the safety of law-abiding citizens at will.


It is sad that this is happening in spite of the existence of the numerous Federal and State security agencies such as the Police, State Security Service, SSS; National Intelligence Agency, NIA; Nigerian Security and Civil Defence Corps, NSCDC; and various Lagos State agencies, particularly the Lagos Neighbourhood Safety Corps, LNSC.

No serious country allows residential or commercial activities under its bridges. They not only endanger the people; they also compromise the bridges. Our under bridges must be cleared.

https://www.vanguardngr.com/2024/05/apartments-under-lagos-bridges/

Who talk that thing?

This are not good news to me, just make Nigeria a better place for everyone, stop making them feel pain, if you are a true leader.

You vote you didn't vote still didn't change anything... Next News please

The Nigerian Police Force has issued a warrant for the arrest of Dorcas Adeyinka, a UK-based Nigerian blogger, on a multitude of serious charges.

In an arrest notice issued on Sunday by the Police via the Inspector-General of Police, the bulletin said that Adeyinka is wanted for cyberstalking, abduction, murder, injurious falsehood, threat to life, and extortion.

The bulletin describes Adeyinka as a Yoruba woman, roughly 1.64 meters tall with distinctive features. These include an oval face, a pointed nose, a wide mouth with full lips and white teeth, and tribal marks.

It added that she has black hair, a larger head, and a prominent chin.

While her last known address is listed as 833 Woolick Road in the United Kingdom, the bulletin suggests Adeyinka may frequent areas within Nigeria including Ikeja, Ogudu, Fabga, Otta, and Sango.

The Nigerian Police urge anyone with information on Adeyinka’s whereabouts to contact their nearest police station or the Inspector-General’s Monitoring Unit directly. The phone numbers provided are 0806 133 9096 and 0803 624 2591.

“A handsome reward awaits any person(s) with information leading to her arrest,” the police bulletin read.

https://www.okay.ng/police-declare-blogger-dorcas-adeyinka-wanted/

The Christ Embassy says it will begin its four-day testimony series of people across the globe about its devotional book, Rhapsody of Realities, on May 15, 2024.

The church said the book, written by the President of Loveworld Inc., Pastor Chris Oyakhilome, had proven effective for healing sick people and performing other kinds of miracles.

During a press conference held in advance of Loveworld Inc.’s Rhapathon with Pastor Chris, scheduled for May 15–18, 2024, a member of the Central Executive Council, Pastor T.T. Temisan, described the book as a therapeutic devotional for people everywhere.

Temisan said, “We know the Rhapsody of realities has impacted the lives of millions of people around the world. It has brought healing to millions of people globally. These testimonies were not done in hiding. They were shown on a live global broadcast.


“It is available in every known language in the world. It is available both in hard and soft copy formats. Anyone who is skeptical would (or should) investigate to prove the veracity or otherwise. These testimonies are available to everyone.”


The Director of Corporate Affairs at Loveworld Inc., Pastor Ifeoma Chiemeka, stated that books should not be limited to just Christian literature, adding that Rhapsody of Realities aids in self-understanding from God’s viewpoint.


She said, “The book keeps you abreast of yourself—to know who you are regardless of your location. God’s intention for every single person on the planet is to have a beautiful and excellent life, regardless of country, culture, and color. And the rhapsody of realities makes these possible for each and every one of us.”


The Director, Church Growth International, Loveworld Inc., Pastor Lanre Alabi, who spoke on the four-day Rhapathon program, commended Pastor Oyakhilome for his consistency despite the changing times.


He said, “In the more than two decades that have seen the Rhapsody of Realities come out, there has been no delay or interruption. The devotional book has been consistent. There have been things around the world in the past 20 years that have suffered delays and cancellations due to environmental factors. The Rhapathon is going to be epic.”


https://punchng.com/christ-embassy-to-hold-four-day-testimony-series/

Michael547:
What verses in the Bible does God demands Christians to pay him 10% of their income. You are yet to quote the verse

‭Matthew 23:23 NIV‬
[23] “Woe to you, teachers of the law and Pharisees, you hypocrites! You give a tenth of your spices—mint, dill and cumin. But you have neglected the more important matters of the law—justice, mercy and faithfulness. You should have practiced the latter, without neglecting the former.

In the race to power electric vehicles sustainably, China is taking bold steps. Teaming up with a Swiss company, the country recently completed the construction of a building-sized battery last December. This mammoth battery aims to store and distribute electricity for its rapidly growing fleet of electric cars.

The global push for electrifying transportation has become paramount in curbing greenhouse gas emissions and combating climate change. Yet, one of the significant hurdles is having sufficient infrastructure to conveniently and efficiently recharge these vehicles. Energy Vault, a Swiss company, has developed


The Technology and Advantages Behind China’s Giant Battery
Inspired by principles of hydroelectric pumping, Energy Vault’s solution employs massive concrete blocks to store and release electricity as needed by the grid. Constructing batteries the size of buildings brings several benefits. Not only do they store large quantities of electricity, but they also offer unparalleled flexibility to adapt to the changing needs of the grid.

Rudong EVx Battery: Integrating into China’s Electric Grid


Completed in December 2023, the “Rudong EVx” project, located in eastern China, is the first working example of this technology. With a capacity of 100 MWh, it’s already connected to the Chinese electric grid, providing a reliable source of clean electricity for the region.


A Step Towards Energy Sustainability in China
China plans to roll out several more gravity energy storage facilities across the country. These projects will help balance the electric grid, support the growth of renewable energies, and accelerate the transition to a greener economy.

The use of recycled construction materials and the modular design of the facilities ensure that this solution is both cost-effective and environmentally friendly. The giant Rudong EVx battery in China marks a significant step towards energy sustainability, offering an innovative solution for storing and providing clean electricity on a large scale, thus supporting the transition to electric transportation and a greener economy.

If proven successful, the Rudong EVx giant battery could serve as a model for other countries facing the challenges of electrifying transportation. Through this innovative technology, China is securing its position in the electric mobility sector and energy sustainability.

https://www.wecb.fm/china-is-building-a-giant-battery-the-size-of-a-building-an-innovative-solution-for-electric-transport-recharging/

We are doomed, may God continue to protect his people AMEN

may God bless and protect all the good prince and family.. AMEN

The end is near, let the faithful people be strong never give up.. JESUS is coming soon.

This country is finish... May God hear our cry . AMEN.

In this life whatever you sow that you will rep, you can't cheat nature ... All the faithful people in this life may God continue to protect you in Jesus name.Amen.

Audio Government... Una well done my fellow faithful citizen..

Audio Government.. talkative Government

Nawaooo why una they drink Panadol for another man headache... He said his phone is going for 90k, so if the phone belongs to him den what is wrong with that, Oga the guy is helping the less privileged so if you can afford it go for it but if you can't step aside let the next person pay...

I don tire, I say I don , na only una they this planet every day 10m , 5m, 20m, na waiting na only una dey this planets where una they see this millions 😭😭😭😭

Why is nairaland slow ln updating information.... This is an OLD NEWS BIKO... Anyway...


‭Ecclesiastes 9:11 NLT‬
I have observed something else under the sun. The fastest runner doesn’t always win the race, and the strongest warrior doesn’t always win the battle. The wise sometimes go hungry, and the skillful are not necessarily wealthy. And those who are educated don’t always lead successful lives. It is all decided by chance, by being in the right place at the right time.

Newswriter:
If true, then nollywood needs God

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Drop us your Company name for your Logo
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Why did you say so, you think they don't know God , look you are only hearing about this people it's because they are celebrities, do you know how many common man that dies everyday still nobody hears about them, may his soul rest in peace. ( RIP)

☰
JUDGMENT: PRIVATE VEHICLE DOES NOT REQUIRE ROADWORTHINESS CERTIFICATE – PRESIDENT, COURT OF APPEAL
Judgment: Private Vehicle Does Not Require Roadworthiness Certificate – President, Court of Appeal
Judgment: Private Vehicle Does Not Require Roadworthiness Certificate – President, Court of Appeal
March 21
05:30
2024
by Opeyemi
0 Comments
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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.

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.


https://www.thecapital.ng/

Jennyclay:
Oh No!! Not again

He raped and murdered the young girl in cold blood, what a wild monster he his

It’s so unfortunate and painful that the rapist and murderer would be treated like a celebrity , he won’t be sentenced to death

Reason why hate and run away from these animals.

These foolish men irritates me so much

Please when you are are reading news try to read with understand, they said fight and stab with knife over hanging clothes on a rop and you said rep , come on fear God na..

Chai