VIO heads to Supreme Court after losing bid to regain vehicle-impound powers

The Department of Road Traffic Services, popularly known as the Vehicle Inspection Officers (VIO), says it will take its legal battle to the Supreme Court after the Court of Appeal upheld a judgment stopping the agency from impounding vehicles or issuing fines to motorists in the Federal Capital Territory.

Acting Director of the DRTS, Deborah Osho, disclosed the agency’s next steps in an interview  on Thursday, warning that the appellate decision had worsened indiscipline on Abuja roads.

Earlier that day, the Court of Appeal in Abuja affirmed the October 16, 2024 ruling of the Federal High Court, which barred DRTS officials from stopping vehicles, confiscating them, or levying penalties on drivers.

The three-member panel, in a judgment delivered by Justice Oyejoju Oyewumi, dismissed the VIO’s appeal for lacking merit.

Reacting to the ruling, Osho said, “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?

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

She added that despite relying on ticketing as an alternative enforcement mechanism, outstanding penalties had exceeded N409m.

“We don’t even impound like that. What we do is, if you commit an offence, whether you take it or go away, you are already captured, and your bill will be sent to you.

“If I give you my laptop now, we have almost 409 million not paid, because they won’t come to pay, and because we cannot enforce our arrest or do anything.

“Have you ever seen anywhere in the world where traffic is well coordinated without enforcement, and you think it will go well?” she said.

The original suit, filed by public interest lawyer Abubakar Marshal (FHC/ABJ/CS/1695/2023), challenged the actions of VIO officers who stopped and seized his vehicle in Jabi on December 12, 2023. He described the conduct as unlawful and a violation of his rights.

Justice Nkeonye Maha of the Federal High Court agreed with Marshal’s arguments, ruling that no existing law empowered DRTS officials to stop, seize, or impound vehicles or to impose fines.The court declared such actions oppressive and granted a perpetual injunction restraining the agency and its officers from further infringing on motorists’ rights, including freedom of movement, presumption of innocence, fair hearing, and the right to own property.

Marshal, represented by a legal team led by Femi Falana (SAN), had sought N500m in damages. The court instead awarded N2.5m against the DRTS, its Director, the Abuja Area Commander identified as Mr Leo, team leader Solomon Onoja, and the Minister of the Federal Capital Territory.

Dissatisfied, the respondents approached the Court of Appeal, which on Thursday affirmed the lower court’s decision in its entirety.

(PUNCH)