A former Publicity Secretary of the Nigerian Bar Association, Mr Kunle Edun, tells TOBI AWORINDE how he defeated the Vehicle Inspection Office up to the Court of Appeal in a suit challenging the agency’s demand for roadworthiness from private vehicle owners
You recently secured a court judgment against the Vehicle Inspection Office in respect of roadworthiness certificate. Can you tell us about it?
Sometime in 2014, I had cause to be driving along a major road in Ughelli (Delta State), where I wanted to inspect a piece of land, which a client of mine wanted to purchase. Along the road, I came across some kind of obstructions put on the road by some persons purporting to be Vehicle Inspection Officers. They stopped me and I identified myself. They demanded my vehicle’s roadworthiness certificate, and I told them, ‘Sorry, I don’t understand what you mean by that. As a matter of fact, I don’t have it, so should you clear the way for me to pass?’
They were stopping other vehicles for the same purpose, but I insisted that since what they were doing was wrong, I would not assist them to persevere in that error they were committing. So, I told them, ‘Sorry, I will not give you any of my documents; you don’t have any right to be on the road, asking for such documents from me.’ On that basis, they refused to allow me to pass through and that caused a scene. By then traffic had started to build and when they saw that the situation was becoming more chaotic, they had no other option but to allow me to pass through.
Was there any attempt by the officers to impound your vehicle?
When I insisted that ‘you guys don’t have the right to stop me on the road or ask me for my particulars,’ they delayed me for about eight to 10 minutes. But interestingly, when I started lecturing them about their duty under the law, some seemingly educated commuters were telling me, ‘Oga barrister, show them your documents nao. Find something for them nao.’ And I felt disappointed but I was not discouraged. I insisted that the right thing must be done. I know that whenever the VIOs demand such documents from private vehicle owners, they have a way of settling the matter. I wouldn’t know if money exchanges hands, but they have a way of settling it and that has emboldened them (VIOs) to continue in the act. So, that day, I said, ‘No, enough is enough.’ This country belongs to all of us. While we all shout that the government is failing, we too, as individuals, are failing society. So, I stood my ground and when they realised I wouldn’t budge, they allowed me to pass. But then I told them, ‘For daring to stop me and detain me for 10 minutes, I will take it up.’ I considered what they did a harassment and I didn’t like it.
The fact is that they have no right to even be on a public road purporting to be asking for roadworthiness certificates. As of the time of the renewal of my vehicle particulars, if they want to check whether the vehicle is actually roadworthy, that is where they should do that, rather than get on the roads to be harassing commuters, asking for documents.
How did they react to your threat to sue?
They thought I was joking. They said, ‘You can’t do anything.’ I discovered that it was a rampant practice by the VIOs in Delta State and nobody had bothered to take the matter up. At the time, I was the Vice Chairman of the NBA in Warri, and I was also the Chairman of the Human Rights Committee of the NBA in Warri. So, I had a duty to ensure that the right thing was done. That was what compelled my filing this action at the High Court, Ughelli. The Governor of Delta State was the first defendant; the second defendant was the Attorney General of the state; and the third defendant was the Vehicle Inspection Office under the Ughelli inspectorate.
They came to court and challenged the action. At the end of the day, the court delivered judgment in my favour and declared that VIOs – or whatever name they are called – have no business even being on the road, first and foremost. They have no business stopping vehicles to ask for any documents. The judge was particular that their work and duty should be done at their offices, not on the road. The judge said, ‘You don’t inspect vehicles on the road; you inspect vehicles at your workshop or office, and the best time to do that is during annual vehicle licence renewal.’ The judge also said that they had no authority to even stop any private vehicle, demanding any document whatsoever.
The law, on which they base their actions – the Road Traffic Law of Delta State, and the revisions made thereon – did not even give them that power. The power that the road traffic law of Delta State gave them was that they could ask for roadworthiness certificates in respect of commercial vehicles alone, that is, vehicles that carry goods. They can ask for hackney permits and other related documents. But private vehicles don’t carry goods; they don’t do commercial business. So, they (VIOs) don’t have any right to be asking them (private car owners) for documents like that, and they don’t have any right to stop them.
So, with regard to commercial and private vehicles, the court said they don’t have any right to stop any vehicle on the road. Now, with regard to possession of the roadworthiness certificate, the court said they don’t have any right to ask any private vehicle (user) for such a document.
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