Appeal Court upholds judgment stopping VIOs from impounding vehicles, imposing fines

The Court of Appeal in Abuja has upheld a earlier judgment restricting the powers of the Directorate of Road Traffic Services (DRTS) and Vehicle Inspection Officers (VIOs), ruling that they cannot stop motorists, seize vehicles, or impose fines on road users.

Delivering a unanimous verdict on Thursday, a three-member appellate panel agreed there was no justification to overturn the Federal High Court judgment delivered on October 16, 2024. That ruling had barred VIO personnel from harassing or obstructing motorists on the road.

The appeal, filed by the VIO, was dismissed for lacking merit. Justice Oyejoju Oyewumi delivered the lead judgment, reinforcing the lower court’s position.

The original judgment by Justice Nkeonye Maha of the Federal High Court had earlier held that no legislation granted VIO officials the authority to halt vehicles, impound them, confiscate property, or impose penalties on drivers.

The case stemmed from a fundamental rights suit FHC/ABJ/CS/1695/2023 initiated by public interest lawyer Abubakar Marshal.

He narrated that VIO officials forcibly stopped him at Jabi District on December 12, 2023, and took possession of his vehicle without any lawful basis.

Marshal asked the court to pronounce their conduct oppressive, illegal, and a violation of his guaranteed rights. Justice Maha agreed, restraining the DRTS, its officers, and proxies from further confiscation of vehicles or imposition of fines, describing such actions as unlawful and excessive.

The court also issued a perpetual injunction safeguarding citizens from future infringements on their rights to freedom of movement, presumption of innocence, and ownership of property.

Justice Maha ruled that only a competent court has the authority to impose fines or sanctions on motorists.

She further held that the respondents breached the applicant’s constitutional rights protected under Section 42 of the 1999 Constitution (as amended) and Article 14 of the African Charter on Human and Peoples’ Rights.

The court emphasized that the respondents had no statutory mandate to seize vehicles or levy penalties, noting that such actions infringed on motorists’ rights to fair hearing, movement, and presumption of innocence rights guaranteed under Sections 6(6)(b), 36(1), 36(8), 36(12), 41, and 42 of the Constitution, and Articles 2, 7(3), 12, and 14 of the African Charter.

Marshal, represented by a legal team led by Femi Falana (SAN), had originally requested N500 million in general and aggravated damages, along with a public apology in three national newspapers. The court instead awarded N2.5 million.

The defendants included the DRTS, its Director, Abuja Area Commander identified as Mr. Leo, team leader Mr. Solomon Onoja, and the Minister of the Federal Capital Territory.

Unhappy with the decision, the respondents appealed but the Court of Appeal on Thursday dismissed the case, effectively affirming the Federal High Court’s judgment in full.