Court of Appeal Affirms Ruling Barring VIO from Seizing Vehicles or Fining Motorists

Court of Appeal Affirms Ruling Barring VIO from Seizing Vehicles or Fining Motorists

The Court of Appeal, Abuja, on Thursday, upheld a previous Federal High Court judgment prohibiting the Vehicle Inspection Officers (VIO) and the Directorate of Road Traffic Services (DRTS) from confiscating vehicles or imposing fines on motorists without lawful authority.

A three-member panel of appellate justices, led by Justice Oyejoju Oyewumi, dismissed the appeal filed by the VIO, describing it as lacking merit and affirming the October 16, 2024 ruling of the high court.

The original suit, marked FHC/ABJ/CS/1695/2023, was filed by public interest lawyer Abubakar Marshal, who alleged that he was unlawfully stopped and had his vehicle confiscated by VIO officials at Jabi District, Abuja, on December 12, 2023. He contended that the action was a violation of his fundamental rights.

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Justice Nkeonye Maha of the Federal High Court had declared that no law empowers the VIO to stop, seize, impound, or fine motorists, and granted a perpetual injunction restraining the agency and its agents from further violating citizens’ freedom of movement, presumption of innocence, and right to own property.

The court held that only a court of competent jurisdiction can impose fines or sanctions on motorists. It further ruled that the actions of the Respondents violated Section 42 of the 1999 Constitution and relevant articles of the African Charter on Human and Peoples’ Rights.

Although the applicant had sought N500 million in damages and a public apology, the court awarded him N2.5 million. Respondents included the Director of the Directorate of Road Traffic Services, the Abuja Area Commander, the team leader, and the Minister of the Federal Capital Territory.

The appellate court’s decision confirms that the VIO and DRTS cannot legally harass motorists, reinforcing citizens’ constitutional rights on the road.

Court of Appeal Affirms Ruling Barring VIO from Seizing Vehicles or Fining Motorists