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VIO heads to S’Court after losing vehicle impoundment appeal
DRTS Vows to Challenge Court Ruling Restricting VIO Powers | www.cjsoftflix.com
The Department of Road Traffic Services (DRTS), popularly known as the Vehicle Inspection Officers (VIO), has vowed to appeal the Court of Appeal judgment that restrained its officials from stopping vehicles, impounding cars, or imposing fines on motorists in the Federal Capital Territory.
In an exclusive phone interview with The PUNCH on Thursday, the Acting Director of the DRTS, Deborah Osho, expressed frustration over what she described as rising “lawlessness” in Abuja since the initial High Court ruling took effect.
“We Will Certainly Appeal” — DRTS Boss
Reacting to the judgment, Osho lamented that the absence of enforcement powers has emboldened traffic offenders and worsened disorder within the capital city.
She said:
“We will certainly appeal. Do you see what is happening in the city right now? Don’t you see how dirty the city is? They’ve turned Airport Road into a one-way. You cannot enforce, you cannot impound, but if you give them a ticket, they won’t come to pay.”
Osho argued that without enforcement powers, the agency cannot maintain traffic discipline, adding that even ticketing—an alternative method—has not been effective.
Offenders Owe Over ₦409 Million in Unpaid Tickets
The Acting Director disclosed that motorists have accumulated over ₦409 million in unpaid traffic fines because the agency lacks the authority to enforce compliance.
She stated:
“We have almost ₦409 million not paid because they won’t come to pay, and we cannot enforce arrests or do anything.”
According to her, no city in the world successfully manages traffic without enforcement mechanisms.
Appeal Court Upholds Earlier Judgment Against VIO Powers
The Court of Appeal, Abuja Division, on Thursday affirmed the ruling of the Federal High Court, which barred VIO officials from:
- Stopping motorists
- Impounding or seizing vehicles
- Imposing fines
The appellate court dismissed the VIO’s appeal as lacking merit. The lead judgment was delivered by Justice Oyejoju Oyewumi.
Background: The Case That Sparked the Landmark Ruling
The legal battle began after public interest lawyer Abubakar Marshal filed a fundamental rights suit (FHC/ABJ/CS/1695/2023), claiming that VIO operatives forcefully stopped and confiscated his vehicle on December 12, 2023, at Jabi District.
Justice Nkeonye Maha of the Federal High Court ruled in October 2024 that:
- VIO officials have **no legal authority** to stop or impound vehicles.
- Only a court of competent jurisdiction may impose fines or sanctions on motorists.
- VIO actions violated the applicant’s constitutional rights — including freedom of movement, fair hearing, and right to own property.
The court awarded ₦2.5 million in damages to Marshal, far below the ₦500 million he originally sought.
Constitutional and Human Rights Violations Cited
Justice Maha held that the VIO’s actions breached several constitutional and African Charter provisions, including:
- Sections 6(6)(b), 36(1), 36(8), 36(12), 41, and 42 of the 1999 Constitution
- Articles 2, 7(3), 12, and 14 of the African Charter on Human and Peoples’ Rights
She issued a perpetual injunction preventing the DRTS, its agents, and assigns from further violations.
What Happens Next?
With the Court of Appeal upholding the lower court’s ruling, the DRTS now plans to escalate the matter to the Supreme Court, setting the stage for a potential landmark decision on traffic enforcement powers in Nigeria.
Until then, VIO officials remain legally barred from stopping motorists or imposing fines — a situation the agency believes is already affecting traffic order across Abuja.
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