Court Affirms Ban On VIO, Says Agency Lacks Power To Seize Vehicles
•By Admin
ABUJA – THE Abuja Division of the Court of Appeal, has upheld an earlier judgment banning the Vehicle Inspection Office (VIO) from enforcing traffic laws on Nigerian roads.
Recall that Justice Nkeonye Evelyn Maha of the Federal High Court sitting in Abuja, had in a judgment delivered on October 2, 2024, in suit number FHC/ABJ/CS/1695/2023, held that the VIO was not empowered under any existing law to stop vehicles, seize them, or issue penalties for alleged traffic violations.
Specifically, Justice Maha declared that the Directorate of Road Services (popularly known as VIO) lacks the legal authority to confiscate vehicles or impose fines on motorists.
Justice Maha’s judgment was on a suit filed by rights lawyer, Mr. Abubakar Marshal of Falana & Falana Chambers, who challenged the widespread enforcement powers exercised by VIO officers.
The Federal High Court clarified that the order does not affect the operations of the Federal Road Safety Corps (FRSC), which remains Nigeria’s primary road traffic enforcement agency.
According to the court, VIO officers “are not empowered by any law or statute to stop, impound, confiscate the vehicles of motorists and/or impose fines on motorists.”
The court also issued a perpetual injunction restraining the VIO, its officers, agents and affiliates from further violating Nigerians’ rights to freedom of movement, presumption of innocence and property ownership without lawful justification.
Not satisfied with the judgment of the trial court, the agency headed to the appellate court to seek redress.
But in a judgment on Thursday, a three-man panel of the Court of aappeal, dismissed the appeal and affirmed the judgment of the Federal High Court.
Consequently, the appellate court awarded N1million in damages to the Abuja motorist Abubakar Marshal.
Significantly, the both judgments have limited the powers of one of the country’s most feared traffic enforcement bodies and offers relief to millions of motorists across Nigeria.
•INDEPENDENTNG.