VIO Lacks Legal Rights To Stop, Impound, Impose Fines On Motorists – Court Rules

The Federal High Court in Abuja has restrained the Directorate of Road Traffic Services, also known as the Vehicle Inspection Officer (VIO), from stopping vehicles on the road, seizing or taking them away, and charging fines to drivers.

Justice Evelyn Maha gave the order on Wednesday in a fundamental rights enforcement suit FHC/ABJ/CS/1695/2023, initiated by a human rights activist and public-interest attorney, Abubakar Marshal.

In her ruling, Justice Maha affirmed Marshal’s assertion that VIO and its officials lacked legal basis to stop, impound, or confiscate vehicles, or to impose fines on motorists.

The suit had the Director of Road Transport, the Area Commander and Team Leader of VIO in Jabi, with the Minister of the Federal Capital Territory (FCT) listed as respondents.

Justice Maha ruled that, “The actions of the first to fourth respondents, under the control of the fifth respondent, are not empowered by any law or statute to stop, impound, or confiscate the vehicles of motorists or impose fines on them.”

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The court also issued a restraining order against the respondents, preventing them and their agents from impounding or confiscating vehicles or imposing fines, labeling such actions as wrongful, oppressive, and unlawful.

The Judge further issued a permanent ban to safeguard the rights of Nigerians, guaranteeing their freedom to move, presumption of innocence, and the right to possess property.

This groundbreaking decision is anticipated to have a substantial impact on traffic enforcement procedures and the rights of drivers in Nigeria.