JUST IN : VIO has no power to impound vehicles or penalise drivers – Appeal Court

The Court of Appeal in Abuja has upheld a previous judgment barring the Directorate of Road Traffic Services and Vehicle Inspection Officers (VIO) from confiscating vehicles or issuing fines to motorists.

In a unanimous decision delivered on Thursday by a three-man panel, the appellate court said it had no basis to overturn the October 16, 2024 ruling of the Federal High Court, Abuja, which barred VIO officials from harassing motorists on the roads. The appeal filed by the VIO was subsequently dismissed for lacking merit.

Justice Oyejoju Oyewumi read the lead judgment of the court.

The earlier decision, issued by Justice Nkeonye Maha, held that there was no statutory provision authorizing the VIO to “stop, impound, confiscate, seize or impose fine on motorists for any form of violation.” The case stemmed from a fundamental rights enforcement suit, FHC/ABJ/CS/1695/2023, filed by public interest lawyer Mr. Abubakar Marshal.

Marshal had told the court that on December 12, 2023, he was forcibly stopped by VIO personnel at Jabi District, Abuja, and his vehicle was taken from him without legal justification. He asked the court to determine whether the officers’ conduct was not “wrongful, oppressive, unlawful and a gross violation of his fundamental human rights.”

Justice Maha granted the reliefs sought and issued an order restraining the Respondents and their agents “from impounding and confiscating vehicles or imposing fine on any motorists,” noting that such actions were unlawful and oppressive. A perpetual injunction was also issued against further infringements on Nigerians’ rights to movement, property, and presumption of innocence.

The court emphasized that only a competent court could impose fines or sanctions on motorists found to have breached any law. It ruled that the Respondents breached the Applicant’s property rights as guaranteed under Section 42 of the 1999 Constitution (as amended) and Article 14 of the African Charter on Human and Peoples’ Rights.

Justice Maha further held that the VIO lacked the legal authority to impound vehicles or impose fines, stating that doing so violated motorists’ rights to fair hearing, movement, and presumption of innocence under Sections 6(6)(b), 36(1)(8)(12), 41, and 42 of the Constitution, as well as Articles 2, 7(3), 12, and 14 of the African Charter.

Although Marshal, represented by a legal team led by Mr. Femi Falana, SAN, had requested N500 million in damages and a published apology in three national newspapers, the court awarded him N2.5 million.

The suit listed the Directorate of Road Traffic Services as the 1st Respondent, along with the agency’s Director, its then Abuja Area Commander identified as Mr. Leo, team leader Mr. Solomon Onoja, and the Minister of the Federal Capital Territory.

Dissatisfied, the Respondents filed an appeal, which the Court of Appeal dismissed on Thursday.