VIO
What Appeal Court Landmark Ruling Barring VIO from Stopping, Impounding Vehicles or Fining Motorists Mean
The Court of Appeal in Abuja has affirmed a Federal High Court judgment that prohibits the Directorate of Road Traffic Services (DRTS), commonly known as the Vehicle Inspection Office (VIO), from stopping vehicles, impounding them, or imposing fines on motorists.
The ruling reinforces a perpetual injunction restraining VIO officials from violating motorists’ constitutional rights to freedom of movement, presumption of innocence, and ownership of property.
The legal action originated from a suit filed by human rights lawyer Marshal Abubakar after his vehicle was confiscated without justification in December 2023.
Last year, Justice Evelyn Maha of the Federal High Court ruled that the VIO, which operates under the Federal Capital Territory (FCT) Minister, lacks the legal authority to stop, impound, or fine drivers.
The court condemned these actions as “oppressive and unlawful” and stated that only a competent court can impose sanctions or fines.
The court awarded Abubakar N2.5 million in damages, rather than the N500 million he sought.
He was represented by a legal team led by Senior Advocate of Nigeria, Femi Falana.
Despite the VIO’s stated mandate—including vehicle registration, driver licensing, and traffic law enforcement—the court found that its practices breached constitutional rights to a fair hearing and freedom of movement.
In response, Deborah Osho, Acting Director of the DRTS, expressed frustration, stating that the agency plans to appeal. She highlighted challenges in enforcement, noting that outstanding unpaid fines exceed N409 million because offenders often ignore tickets when impoundment is not an option.
The judgment establishes that motorists subjected to fines or impoundment by VIO officials may now have legal grounds to challenge these actions.
