No Fire Extinguisher Not Crime; Forceful Entry Is Offence – Court.
TEC News | 24th July, 2025.
A Federal High Court in Jos has declared that driving a vehicle without a fire extinguisher is not an offence, and that forceful entry into a private car by Vehicle Inspection Officers (VIO) is a violation of constitutional privacy rights.
In its ruling on June 3, 2025, the court presided over by Justice G.M. Kamyal awarded ₦1 million in general damages, ₦100,000 in legal costs, and ordered the refund of ₦4,000 in illegal fines to the claimant, Domshak J. Gusen, Esq., a legal practitioner.
The case (Suit No. PLDJJ64/2023) arose from a November 4, 2022 incident, where Gusen’s Toyota Camry, driven on an errand by Mr. Paul Taiwo Olatunde, was impounded by Plateau State VIO officials. They claimed the vehicle lacked a fire extinguisher and registration booklet. Gusen was forced to pay ₦3,500 and ₦500 respectively to retrieve it.
Gusen sued the Plateau State Government, Attorney General and Commissioner of Justice, Ministry of Transport, Chief VIO Mr. Rotgak Dimka, and another officer, Mr. Oga Brown (Dara), for unlawful conduct and constitutional violations.
The court held that Gusen had the legal standing to sue, rejecting the defense’s argument that only the driver had that right.
It ruled that neither the fire extinguisher nor registration booklet issues were listed as offences under Schedule 1 of the Plateau State Road Traffic Administration and Vehicle Inspection Law, 2018. Hence, the fines were illegal, null, and void.
Section 21(2) of the law, which allowed inspection officers to collect fines without court orders, was declared unconstitutional and invalid.
The court ruled that forceful entry into Gusen’s car violated Section 37 of the 1999 Constitution, which protects citizens’ right to privacy.
The court clarified that although stop-and-search operations are legal for safety purposes, vehicles must be towed if impounded — not forcefully entered.
While the court declined to award exemplary damages, professional fees, and a perpetual injunction against road blockades — calling them excessive — it nonetheless sent a strong message against abuse of enforcement powers.
This Means for Nigerians that:
- Having no fire extinguisher in your car is not a punishable offence under current Plateau State law.
- VIOs and other road officers have no right to forcefully enter vehicles without court approval or consent.
- All fines must be imposed via legal process, not by arbitrary roadblock enforcement.
At the time of this report, the defendants have not indicated any intention to appeal the judgment.
This ruling is expected to redefine the conduct of road enforcement officers nationwide and empower motorists to know and assert their rights against unlawful vehicle seizures and fines.
Adverts
