Road traffic enforcement: Group bemoans ban on DRTS, urges FCTA to file appeal

A group, Conference of Directors and Chief Road Traffic Officers (VIO) of the Federation has expressed shock and disappointment over a recent judgement by the Federal High Court, barring the Directorate of Road Traffic Services (DRTS) otherwise known as the Vehicle Inspection Office (VIO) of the Federal Capital Territory (FCT) from stopping, confiscating, and imposing fines on traffic offenders.
The group lamented that the judgement came when the FCT, alongside other states of the Federation, are working tirelessly to reduce road traffic crashes by 50% from 2020 to 2030, which is in line with the United Nations Decade of Action for Road Safety and Goal 11 of the Sustainable Development Goals (SDGs), envisaged to make cities safe and resilient for all.
This position was disclosed in a document signed by the Conference’s National Chairman, Engr. (Dr.) Paul Ugbe Bepeh, stating the decision of the court, if allowed to stand, will not only weaken the ability of the FCT DRTS and other state road traffic agencies to enforce safety regulations but also set a dangerous precedent for other states striving to improve road safety across the nation.
It added that the ruling jeopardizes the efforts being made to curb road traffic crashes, endangers road users, and undermines the authority of the FCT and the states in performing their constitutional duties on road traffic matters, even at a time of ember months when it is expedient to regulate road traffic activities for safety of lives and properties.
The document read in part: “The attention of the Conference of Directors and Chief Road Traffic Officers of the Federation has been drawn to a recent judgement by the Federal High Court, barring the Directorate of Road Traffic Services (DRTS), also known as the VIO, in the Federal Capital Territory (FCT) from stopping, confiscating, and imposing fines on traffic offenders.
“While we hold the Nigerian judicial system in high esteem, we are deeply shocked and extremely disappointed by this ruling. The implications of this judgement are far-reaching and detrimental to the safety of lives and property on our roads and highways.
“The Constitution of the Federal Republic of Nigeria, under Part 1 Section 1, Subsections 1, 2, and 3, as well as Part 2 Section 4, Subsections 1, 2, 3, and 4, and Section 7 (a, b, and c), explicitly grants the FCT and states the residual power to legislate on matters not contained in the exclusive and concurrent lists.
“Road traffic matters and motor vehicle administrations fall squarely under these provisions, granting states the authority to manage and regulate traffic within their jurisdictions. This judgement, however, undermines this constitutional mandate under the guise of protecting human rights, specifically the right to freedom of movement.”
It continues: “While we fully recognize the importance of human rights and respect the need to protect citizens’ rights, it is important to acknowledge that road traffic regulations enforcement is a matter of public safety, not a violation of human rights. The right to movement must be balanced with the responsibility of ensuring the safety and security of all road users by statutory government agencies.
“Traffic regulations exists to protect citizens from harm, prevent accidents, and save lives. Allowing motorists to violate these laws without consequence will result in chaos, increased road traffic crashes, and a higher fatality rate on our roads.
“Road traffic enforcement is not an arbitrary exercise of power; it is a necessary function of governance aimed at ensuring that drivers obey the laws designed to protect all road users.
“We therefore call on the relevant authorities, including the Nigeria Judiciary and human rights advocates and activists, to join hands to ensure that the broader implications of this judgement will not be allowed to negatively impact on public safety.

“Protecting the right to movement must go hand in hand with ensuring that citizens can move safely on roads that are free from reckless drivers, poorly maintained vehicles, and dangerous conditions.

“The National Conference body of Road Traffic Officers urges the FCT DRTS to appeal this decision and ensure that road traffic enforcement is not hindered but implemented accordingly. The safety of Nigerians on our roads must remain a top priority. As a nation, we can not afford to jeopardize the gains we have made in reducing road crashes and fatalities.”