Private Vehicle Does Not Require Roadworthiness Certificate

 • President, Court of Appeal, Justice Monica Dongban-Mensem

Facts of the case:

The Respondent, a Legal Practitioner based in Warri, while driving his vehicle along Afisere Road, Ughelli, Delta State, was intercepted by Officers of the 3rd Appellant, through a road block; and was asked to produce his Certificate of Road Worthiness.

The Respondent maintained that he had none and 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 private owned vehicles.

The trial court found in favour of the Respondent.

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