VIO loses in Appeal as Court bars harassment of motorists

Motorists in Abuja have won a major legal victory as the Court of Appeal has upheld a judgment barring Vehicle Inspection Officers (VIOs) and the Directorate of Road Traffic Services (DRTS) from impounding vehicles or imposing fines without lawful justification.

The three-member panel of the Court of Appeal dismissed an appeal filed by the DRTS and other FCT officials challenging the October 2, 2024 ruling of the Federal High Court.

In the lead judgment read by Justice Oyejoju Oyewumi, the court said it found no reason to overturn the lower court’s decision, describing the appeal as lacking merit.

The case began after human rights lawyer Abubakar Marshal of Falana & Falana Chambers was stopped by VIOs at Jabi District, Abuja, on December 12, 2023. Marshal alleged that his vehicle was seized without any lawful justification.

He subsequently filed a fundamental rights enforcement suit against the DRTS, two officials of the Jabi area command, and the Minister of the Federal Capital Territory (FCT).

In her ruling, Justice Evelyn Maha of the Federal High Court declared that the DRTS and VIOs had no legal authority to stop, confiscate, impound, or fine motorists. She cited Section 42 of the Nigerian Constitution and Article 14 of the African Charter on Human and Peoples’ Rights, affirming motorists’ rights to own property, freedom of movement, and the presumption of innocence.

The court also held that only a court of competent jurisdiction can impose fines or sanctions on motorists. Justice Maha issued a perpetual injunction restraining the respondents from further violations, calling such actions “wrongful, oppressive, and unlawful.”

Marshal, through his legal team led by Senior Advocate of Nigeria Femi Falana, had sought N500 million in general and aggravated damages and an apology to be published in three national newspapers. The court awarded him N2.5 million in compensation.

The Appeal Court’s decision is a welcome relief for motorists in Abuja, who have long complained about harassment by VIOs. Many are hailing the ruling as a step toward ending arbitrary vehicle confiscations and fines by traffic enforcement officers.