Court bars VIO from stopping, impounding vehicles

The Federal High Court in Abuja has issued an order barring the Directorate of Road Traffic Services otherwise known as Vehicle Inspection Officers (VIO) from further stopping vehicles on the road, impounding vehicles, or imposing fines on motorists.

The judge, Evelyn Maha, issued the order in a judgement on a fundamental rights enforcement suit FHC/ABJ/CS/1695/2023 filed by a human rights activist and lawyer, Abubakar Marshal of Falana and Falana chambers.

Other respondents sued in the case are the Director of Road Transport, the agency’s Area Commander, Jabi, and the Team Leader, Jabi, and the Minister of the FCT.

In the judgement delivered on 2 October, Ms Maha upheld Mr Marshal’s argument that no law empowers respondents to stop, impound, confiscate, seize, or impose fines on motorists.

The judge declared that the first to the 4th respondents, who are under the control of the 5th respondent (Minister of the FCT) are not empowered by any law or statute to stop, impound, or confiscate the vehicles of motorists and or impose fines on motorists.

She proceeded to issue an order restraining the 1st to 4th respondents either through their agents, servants, and or assigns from impounding, confiscating the vehicle of motorists, and or imposing a fine on any motorist as doing so is wrongful, oppressive, and unlawful by themselves.

Ms Maha further made an order of perpetual injunction restraining the respondents whether by themselves, agents, privies, allies or anybody acting on behalf of the 1st respondent from further violating the rights of Nigerians to freedom of movement, presumption of innocence and right to own property without lawful justification.

Wednesday’s judgement is the latest judicial decision curtailing the excesses of VIOs and their powers to impose illegal levies and fines on motorists.

In March 2021 judgement, the Court of Appeal in Asaba, Delta State, affirmed the verdict of the Delta State High Court nullifying the powers of the Delta State Government, through its VIOs, to demand the payment of levy and issuance of Road Worthiness Certificate in respect of private vehicles.

Delivering the lead judgement of the three-member panel of the Court of Appeal, Joseph Eyo Ekanem, said, “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. Such conduct sends a wrong signal to the citizens who may adopt such strong-arm tactics as a means of settling disputes.”