VIO takes next step after losing appeal that barred it from stopping motorists

The Department of Road Traffic Services (DRTS), popularly known as the Vehicle Inspection Office (VIO), says it will challenge at the Supreme Court a Court of Appeal judgment that barred it from stopping motorists, impounding vehicles, or imposing fines in the Federal Capital Territory.

Speaking in an exclusive interview with The PUNCH on Thursday, the Acting Director of DRTS, Deborah Osho, expressed deep concern over what she described as increasing “lawlessness” in Abuja since the court ruling limiting the agency’s enforcement powers.

The Court of Appeal, Abuja Division, on Thursday affirmed the October 16, 2024 judgment of the Federal High Court, which held that VIO operatives lacked the legal authority to stop or penalize motorists. A three-member panel of the appellate court dismissed the VIO’s appeal for lacking merit, with Justice Oyejoju Oyewumi delivering the lead judgment.

‘We Will Certainly Appeal’ — VIO Boss

Reacting to the ruling, Osho said the decision had emboldened traffic offenders across the city.

“We will certainly appeal. As a correspondent, do you see what is happening in the city right now? Don’t you see how dirty the city is?” she asked.

“I don’t know why we Nigerians don’t like to be corrected. Just look at Airport Road—they have practically turned the place into a one-way. You cannot enforce, you cannot impound, and if you give them a ticket, they won’t come to pay. What do you want us to do? The thing is not funny.”

Osho disclosed that despite the agency’s adoption of alternative enforcement methods — such as issuing tickets and capturing offender data electronically — motorists owed more than N409 million in unpaid fines.

“We don’t even impound like that. What we do is, if you commit an offence, you are already captured and your bill will be sent to you,” she explained.

“If I give you my laptop now, we have almost N409 million not paid because they won’t come to pay, and because we cannot enforce arrest or do anything. Have you ever seen anywhere in the world where traffic is well coordinated without enforcement?”

Background: Courts Fault VIO Powers

The legal tussle began after public interest lawyer Abubakar Marshal filed a fundamental rights suit (FHC/ABJ/CS/1695/2023), alleging that VIO officials stopped him forcefully and confiscated his vehicle at Jabi, Abuja, on December 12, 2023, without lawful justification.

Justice Nkeonye Maha of the Federal High Court ruled in his favor, declaring that:

VIO officials lacked statutory power to stop, impound, or seize vehicles

Only a court of competent jurisdiction could impose traffic fines

The actions of VIO officers were oppressive, unlawful, and violated constitutional rights

Justice Maha held that the VIO’s conduct breached Marshal’s rights to:

Freedom of movement

Right to own property

Presumption of innocence

Fair hearing

She cited Sections 6(6)(b), 36(1), 36(8), 36(12), 41, and 42 of the 1999 Constitution (as amended), and Articles 2, 7(3), 12, and 14 of the African Charter on Human and Peoples’ Rights.

Although Marshal sought N500 million in damages and a published apology, the court awarded N2.5 million.

Respondents in the suit included:

DRTS

Its Director

The Abuja Area Commander, Mr. Leo

A team leader, Mr. Solomon Onoja

The Minister of the Federal Capital Territory

Dissatisfied, the VIO appealed — but the Court of Appeal upheld every aspect of the ruling, prompting the agency’s decision to approach the Supreme Court.

Next Steps

The Screening Appeal Committee of the VIO has not yet issued a formal statement, but Osho confirmed that the agency’s legal team is preparing to file a notice of appeal before the Supreme Court.