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Appeal Court upholds judgment stopping VIOs from impounding vehicles, imposing fines
Court of Appeal Upholds Ruling Stopping VIOs From Impounding Vehicles or Fining Motorists | www.cjsoftflix.com
The Court of Appeal in Abuja has affirmed a landmark judgment restraining the Directorate of Road Traffic Services (DRTS) and Vehicle Inspection Officers (VIOs) from stopping motorists, impounding vehicles, or imposing fines on road users.
A three-member panel unanimously upheld the Federal High Court’s ruling delivered on October 16, 2024, declaring that there was no legal basis for VIO officials to harass or penalise motorists. The appeal filed by the VIO was dismissed for lacking merit in a lead judgment read by Justice Oyejoju Oyewumi.
Background of the Case
Justice Nkeonye Maha of the Federal High Court had earlier ruled that no existing law empowered VIO officials to stop, seize, or impose fines on motorists. The judgment followed a fundamental rights suit marked FHC/ABJ/CS/1695/2023, filed by public interest lawyer Abubakar Marshal.
Marshal recounted how VIO operatives forcefully stopped him on December 12, 2023, at Jabi District in Abuja and confiscated his vehicle without any lawful justification. He asked the court to declare the actions oppressive, unlawful, and a violation of his fundamental rights.
Federal High Court’s Decision
In granting his prayers, Justice Maha restrained the DRTS, its agents, and assigns from seizing vehicles or demanding fines, describing such actions as oppressive, unlawful, and unconstitutional.
The court also issued a perpetual injunction protecting Nigerians’ rights to:
- Freedom of movement
- Presumption of innocence
- Ownership of property
The judge emphasised that only a competent court of law is empowered to impose sanctions or fines on motorists. She held that the VIO’s actions breached several constitutional provisions, including Sections 6(6)(b), 36(1), 36(8), 36(12), 41, and 42 of the 1999 Constitution (as amended).
Marshal, represented by a legal team led by Femi Falana (SAN), had requested N500 million in damages and a public apology, but the court awarded N2.5 million instead.
Appeal Dismissed
The respondents — the DRTS, its Director, the Abuja Area Commander (Mr. Leo), the team leader (Mr. Solomon Onoja), and the Minister of the FCT — challenged the ruling at the Court of Appeal.
However, on Thursday, the appellate court dismissed their appeal, fully affirming the lower court’s decision and solidifying the prohibition against unlawful vehicle impoundment and roadside fines by VIO officials.
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