DELTA STATE HIGH COURT BARS DELTA GOVERNMENT FROM ISSUING ROAD WORTHINESS CERTIFICATE.

The High Court of Delta State sitting at Ughelli in suit No. UHC/186/2014: Olukunle Ogheneovo Edun Esq. vs.Governor of Delta State & 2 Ors declared as follows:

(1) that the Road Traffic Law, Cap R9, Laws of Delta State 2006 and/or any law made thereunder did not authorize, particularly the 3rd Defendant or any of its subordinates to set up road blocks and carry sticks, woods, iron materials (offensive weapons) while carrying out their responsibilities under the said law

(2) that the Road Traffic Regulation ( a subsidiary legislation made pursuant to the Road Traffic Law, Cap R9, Laws of Delta State 2006 of Delta State, did not make any provision entitling the Defendants to demand and/or collect any fee/levy or issue any Certificate of Road Worthiness in respect of vehicles used for private purposes.

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(3) that all fees/levies/monies collected by the Defendants in respect of or pertaining to the issuance of Certificate of Road Worthiness regarding vehicles used for private purposes are illegal and a violation of the Road Traffic Law of Delta State

(4) an order compelling the Defendants to refund to the Claimant the sum of N2,300 collected by the Defendants from the claimant for the issuance of the Certificate of Road Worthiness

(5) an order of injunction restraining the Defendants individually or collectively either by themselves or through their agents, servants, privies, contractors or whatever means from further collecting any levy/fee/money with respect to the issuance of any document tagged “Certificate of Road worthiness” in respect of vehicles used for private purposes and setting up road blocks on any road in Delta State for the purpose of verifying the road worthiness of vehicles.

The court awarded N400,000.00 (Four Hundred Thousand Naira) cost in favour of the Claimant.

The claimant is a Warri based human right and Social Justice L awyer.