The High Court of Justice sitting in Jos, Plateau State, has declared the actions of the Plateau State Government and its Vehicle Inspection Officers (VIOs) illegal, following the forceful impoundment of a private vehicle and the imposition of unauthorized fines without a court order. The court held that such actions violated constitutional provisions and awarded ₦1.1 million in damages and costs to the claimant, Domshak J. Gusen, Esq., a legal practitioner.
In its ruling on June 3, 2025, the court, presided over by Hon. Justice G.M. Kamyal, ordered the defendants to refund ₦4,000 in illegally collected fines and pay ₦1 million in general damages and ₦100,000 in costs to the claimant, Domshak J. Gusen, Esq., a legal practitioner.
The suit, marked PLDJJ64/2023, stemmed from a November 4, 2022 incident in which Gusen’s Toyota Camry, being driven by Mr. Paul Taiwo Olatunde on an errand, was impounded by officials of the Plateau State Vehicle Inspection Office. Officers claimed the vehicle lacked a registration booklet and a fire extinguisher. To retrieve the vehicle, Gusen was compelled to pay ₦3,500 and ₦500 respectively.
Gusen sued the Plateau State Government, the Attorney General and Commissioner of Justice, the Ministry of Transport, the Chief Vehicle Inspection Officer Mr. Rotgak Dimka, and another officer, Oga Brown (Dara), alleging constitutional violations and unlawful action.
Justice Kamyal held that Gusen had legal standing to sue, contrary to the defendants’ argument that only the driver could initiate the case. The court ruled that as the vehicle owner who suffered financial loss, Gusen had sufficient interest.
The court also found that the alleged offenses were not listed in Schedule 1 of the Plateau State Road Traffic Administration and Vehicle Inspection Law, 2018, nor supported by regulations from the Commissioner for Transport. As such, the fines were null and void.
Crucially, the court ruled that the vehicle officers’ forceful entry into the claimant’s car without consent violated his constitutional right to privacy under Section 37 of the 1999 Constitution. Additionally, the court invalidated Section 21(2) of the 2018 Law, which permitted inspection officers to impose and collect fines without court involvement, holding it inconsistent with the Constitution’s guarantee of judicial powers.
However, the court upheld the legality of stop-and-search operations for road safety compliance and clarified that impounded vehicles must be towed, not forcibly accessed.
The court declined to award exemplary damages, professional fees, interest, and a perpetual injunction against road blockades, deeming them excessive or unsubstantiated.
As of the time of this report, the defendants have not disclosed any plans to appeal the judgment.