Plateau Court Declares VIO Actions Unconstitutional, Awards ₦1.1m for Illegal Impoundment of Lawyer’s Car Over Fire Extinguisher Claim
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 ruled 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 judgment delivered on June 3, 2025, the court, presided over by Hon. Justice G.M. Kamyal, ordered the defendants to refund ₦4,000 in unlawfully collected fines and to pay ₦1 million in general damages and ₦100,000 in costs to Gusen.
The suit, marked PLDJJ64/2023, arose 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 officers of the Plateau State Vehicle Inspection Office. The officers alleged the vehicle lacked a registration booklet and a fire extinguisher. To recover the vehicle, Gusen was compelled to pay ₦3,500 and ₦500 respectively.
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Gusen subsequently 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 breaches and unlawful conduct.
Justice Kamyal ruled that Gusen had the legal standing to bring the suit, rejecting the defendants’ claim that only the driver could initiate the action. The court held that, as the vehicle owner who suffered financial loss, Gusen had sufficient interest to pursue the case.
The court further determined that the alleged infractions were not listed under Schedule 1 of the Plateau State Road Traffic Administration and Vehicle Inspection Law, 2018, and were not supported by any regulation issued by the Commissioner for Transport. As a result, the imposed fines were declared null and void.
Crucially, the court found that the VIOs’ forceful entry into the vehicle without the owner’s consent violated Gusen’s constitutional right to privacy as guaranteed under Section 37 of the 1999 Constitution. The court also invalidated Section 21(2) of the 2018 Law, which allowed inspection officers to impose and collect fines without court oversight, ruling it inconsistent with the constitutional separation of powers.
However, the court upheld the legality of stop-and-search operations for the purpose of ensuring road safety compliance and clarified that impounded vehicles must be towed rather than accessed by force.
The court issued the following declarations and orders:
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That the imposed fines were unlawful and void.
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That ₦4,000 collected from Gusen be refunded.
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That the forceful entry into the claimant’s vehicle violated his right to privacy.
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That the practice of imposing and collecting fines without judicial authorization was unconstitutional.
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That ₦1 million in general damages and ₦100,000 in costs be awarded jointly against all defendants.
The court declined to grant requests for exemplary damages, professional fees, interest, and a perpetual injunction against road blockades, describing them as either excessive or unsubstantiated.
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