Olayiwola Matthew
The Court of Appeal in Abuja has upheld a Federal High Court ruling from October 4, 2024, that prohibits the Vehicle Inspection Office (VIO) from stopping, impounding, or seizing vehicles, as well as imposing fines on motorists.
The appellate court’s decision affirmed the lower court’s ruling, dealing a significant blow to the agency’s enforcement powers.
A three-member panel of the appellate court delivered a judgment on Thursday, resolving the three issues identified for determination against the appellant, the Directorate of Road Traffic Services, thereby upholding the lower court’s decision.
Justice Oyejoju Oyebiola Oyewumi, who delivered the lead judgment, held that the appeal was without merit. She awarded a cost of N1million against the appellant and in favour of the respondent, a rights activist and public interest attorney, Abubakar Marshal.
Previously, the Abuja Division of the Federal High Court had ruled that the Directorate of Road Services (widely known as VIO) should cease confiscating vehicles or imposing fines on Nigerians over road traffic violations.
Justice Nkeonye Evelyn Maha said while delivering judgment in FHC/ABJ/CS/1695/2023 on October 2, 2024, that the notorious road traffic inspectorate was not legally equipped to seize vehicles or impose severe sanctions on motorists.
The judgment, which followed a lawsuit by rights attorney Mr Marshal of Falana and Falana Chambers, significantly pruned the powers of one of the country’s most dreaded road traffic enforcers and brought respite to millions of motorists across the country.
The order did not apply to the Federal Road Safety Corps, which has operated for decades as the largest body of road traffic marshals in Nigeria.
In her judgment, Ms Maha said VIO officers “are not empowered by any law or statute to stop, impound, confiscate the vehicles of motorists and or impose fine on motorists.”
Subsequently, the judge entered an order of perpetual injunction restraining the VIO and its agents, privies, allies or anybody acting on its behalf from further violating the rights of Nigerians to freedom of movement, presumption of innocence and right to own property without lawful justification.