VIO to Challenge Court of Appeal Ruling Barring Vehicle Impoundment

VIO to Challenge Court of Appeal Ruling Barring Vehicle Impoundment

The Department of Road Traffic Services (DRTS), also known as Vehicle Inspection Officers (VIO), has announced plans to take its legal battle over vehicle impoundment and fines to the Supreme Court following the Court of Appeal’s affirmation of a ruling prohibiting the agency from seizing vehicles or penalizing motorists in the Federal Capital Territory (FCT).

Acting Director of DRTS, Deborah Osho, stated in an interview on Thursday that the appellate decision has worsened traffic indiscipline in Abuja. She warned that despite relying on ticketing as an alternative enforcement mechanism, unpaid penalties have exceeded N409 million.

Earlier, the Court of Appeal in Abuja, in a judgment delivered by Justice Oyejoju Oyewumi, upheld the October 16, 2024 ruling of the Federal High Court, which barred VIO officials from stopping, impounding, or levying fines on vehicles. The three-member panel dismissed the DRTS appeal as lacking merit.

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Osho expressed frustration over motorists’ disregard for traffic rules, citing chaotic conditions on Airport Road, and criticized the inability of the agency to enforce compliance. “Have you ever seen anywhere in the world where traffic is well coordinated without enforcement?” she asked.

The original suit was filed by public interest lawyer Abubakar Marshal (FHC/ABJ/CS/1695/2023) after his vehicle was seized by VIO officers in Jabi on December 12, 2023. Marshal argued that the officers acted unlawfully, infringing on his rights, including freedom of movement and ownership of property.

Federal High Court Justice Nkeonye Maha ruled in favor of Marshal, declaring that no existing law empowered DRTS officers to stop, impound vehicles, or impose fines. The court issued a perpetual injunction restraining the agency from further infringement and awarded N2.5 million against the DRTS, its Director, the Abuja Area Commander, team leader Solomon Onoja, and the FCT Minister.

Dissatisfied, the DRTS appealed, but the Court of Appeal on Thursday confirmed the lower court’s ruling in full, prompting the agency to escalate the matter to the Supreme Court.

VIO to Challenge Court of Appeal Ruling Barring Vehicle Impoundment