In a landmark ruling that has sent ripples through the transport sector, the Court of Appeal in Asaba, Delta State, has declared that private vehicles are not required to have a Certificate of Road Worthiness. This decision has sparked a debate among stakeholders in the transport sector, with some applauding the decision as a victory for private car owners, while others express concern about the potential implications for road safety.
The case began when a legal practitioner based in Warri, was intercepted by officers of the 3rd Appellant and asked to produce his Certificate of Road Worthiness. The lawyer, who was driving his vehicle along Afisere Road, Ughelli, Delta State, maintained that as a private car owner, whose vehicle was not used for mercantile or commercial purpose, he was not required to apply for roadworthiness. This led to serious traffic which prompted the 2nd Appellant to release the Respondent.
Upon inspection of his documents, the Respondent discovered that he was actually issued a Certificate of Road Worthiness by Officers of the Appellant. He therefore initiated an action by way of Originating Summons at the High Court of Delta State, seeking the interpretation of whether a Certificate of Road Worthiness was needed for privately owned vehicles.
The trial court found in favour of the Respondent. The Appellant, aggrieved, lodged an appeal to the Court of Appeal. The Court of Appeal upheld the decision of the trial court, stating that the requirement applies only to vehicles that come under paragraphs (2) and (3) only, that is, commercial and passenger carrying vehicles and trailers.
This ruling has sparked a debate among stakeholders in the transport sector. While some applaud the decision as a victory for private car owners, others express concern about the potential implications for road safety. Critics argue that the ruling could lead to a lax attitude towards vehicle maintenance among private car owners, potentially increasing the risk of road accidents.
Supporters, on the other hand, view the ruling as a necessary step towards reducing the bureaucratic red tape that private car owners often face. They argue that private car owners are generally more diligent about maintaining their vehicles, and that the requirement for a Certificate of Road Worthiness is an unnecessary burden.
As the dust settles on this landmark ruling, one can’t help but wonder: Will this decision pave the way for a more nuanced approach to road safety regulations in Nigeria? Or will it open the floodgates to a surge in road accidents due to poorly maintained vehicles? Only time will tell. But for now, private car owners can breathe a sigh of relief, knowing that they are no longer required to obtain a Certificate of Road Worthiness.
