Court forbids VIO from Stopping, Impounding Vehicles

Justice Evelyn Maha of the Federal High Court in Abuja has issued an order prohibiting the Directorate of Road Traffic Services, commonly known as the Vehicle Inspection Office (VIO), from stopping, impounding, or confiscating vehicles on the road. The court also barred the VIO from imposing fines on motorists.

The ruling, delivered on October 2, arose from a fundamental rights enforcement suit brought by human rights activist and public interest attorney Abubakar Marshal. Justice Maha concurred with the applicant’s assertion that there is no legal foundation for the VIO and its officials to stop, impound, or confiscate vehicles or levy fines against motorists.

In the case, marked FHC/ABJ/CS/1695/2023, Marshal sued the Directorate of Road Traffic Services and its officials, including the Director, Mr. Leo, and the Area Commander, Onoja Solomon, along with the Minister of the Federal Capital Territory, naming them as the 1st to 5th respondents.

Marshal’s motion sought a declaration that the 1st to 4th respondents, under the control of the 5th respondent, lack the legal authority to stop, impound, or confiscate vehicles or impose fines on motorists. He argued that such actions violate fundamental human rights, including the right to fair hearing, freedom of movement, and the presumption of innocence, as protected by the Nigerian Constitution and the African Charter on Human and Peoples’ Rights.

In her judgment, Justice Maha issued a restraining order against the respondents, characterizing their actions as wrongful, oppressive, and unlawful. She granted a perpetual injunction to safeguard the rights of Nigerians, ensuring their freedom of movement, presumption of innocence, and right to property without lawful justification.

The court concluded that the 1st to 4th respondents, under the authority of the 5th respondent, are not legally empowered to stop, impound, or confiscate vehicles or impose fines on motorists. Furthermore, it ordered that they and their agents are prohibited from such actions, reinforcing the protection of Nigerians’ rights to freedom of movement, presumption of innocence, and property ownership.