Abuja VIO appeals court order, pledges not to impound vehicles, impose fines

The Directorate of Road Traffic Services (DRTS), popularly known as the Vehicle Inspection Office (VIO), has suspended the impounding of vehicles and the issuance of fines in Abuja following a recent court ruling that questioned the legality of its enforcement practices.

This suspension comes in the wake of a 2 October judgment by the Federal High Court in Abuja, which found that the VIO lacked the authority to stop vehicles or impose penalties on motorists.

In a phone interview with PREMIUM TIMES on Saturday, the acting spokesperson of the DRTS, Funmi Oguntala, confirmed that the agency has appealed the judgment, with a hearing set for 5 November.

“For now, DRTS is only handling traffic control,” Ms Oguntala stated. “We will resume enforcement if the appeal is successful.”

The judgment stems from a suit filed by human rights lawyer Abubakar Marshal, who argued that the VIO’s actions – including stopping vehicles, issuing fines, and impounding cars – violated the constitutional rights of motorists.

Specifically, the case focused on the rights to freedom of movement and the presumption of innocence.

In her ruling, the judge, Evelyn Maha, agreed with Mr Marshal, stating that the DRTS lacked legal grounds to stop or confiscate vehicles or levy fines against motorists.

The court issued a restraining order preventing the VIO from continuing these practices, labelling them “unlawful” and “oppressive.”

PREMIUM TIMES had reported that Mr Marshal’s suit, filed under case number FHC/ABJ/CS/1695/2023, named the DRTS, its director, and several officials, along with the Minister of the Federal Capital Territory, as respondents.

The lawsuit asserted that the agency’s actions were executed without lawful authority and constituted a violation of fundamental human rights as enshrined in Nigeria’s constitution and the African Charter on Human and Peoples’ Rights.

In addition to the restraining order, the court granted a perpetual injunction, effectively barring the VIO and its agents from further impounding vehicles or imposing fines.

This ruling is part of a growing trend of judicial challenges to the powers of traffic enforcement agencies in Nigeria.

In a previous case in March 2021, the Court of Appeal in Asaba ruled that VIO in Delta State had overstepped its authority by demanding roadworthiness certificates from private vehicle owners.

The court condemned the aggressive tactics employed by traffic officers, warning that such practices undermine public trust in law enforcement.

“The Vehicle Inspection Officers (VIOs) went beyond the powers vested in them by the Law and the RTR by violently stopping the private vehicle of the Respondent on a public highway using menacing tactics and dangerous implements to demand a certificate of roadworthiness which the said vehicle is not required to have.

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“Such conduct sends a wrong signal to the citizens who may adopt such strong-arm tactics as a means of settling disputes,” Joseph Ekanem, the judgsaid while delivering his judgement.

As DRTS awaits its appeal, the future of traffic enforcement in Abuja remains uncertain.

Critics have long accused the agency of overreach, alleging that officers routinely impose fines and impound vehicles without legal justification.