Court Bars VIO from Impounding Vehicles

Justice Evelyn Maha of the Federal High Court in Abuja has issued a landmark ruling preventing the Directorate of the Road Traffic Services, commonly known as the Vehicle Inspection Office (VIO), from stopping, impounding, or confiscating vehicles on public roads. The court’s decision also prohibits the VIO from imposing fines on motorists.

This judgment, delivered on October 2, stemmed from a fundamental rights enforcement suit filed by human rights activist and public interest attorney Abubakar Marshal. Justice Maha supported the applicant’s argument, stating that there is no legal basis for the VIO or its officials to engage in these practices.

The case, marked FHC/ABJ/CS/1695/2023, included the Directorate of Road Traffic Services, its director Mr. Leo, Area Commander Onoja Solomon, the Team Leader of the Jabi Area Command, and the Minister of the Federal Capital Territory as respondents.

In his motion, Marshal sought a declaration affirming that the respondents lack the legal authority to stop, impound, or confiscate vehicles or levy fines against motorists. He argued that such actions violate the fundamental human rights of motorists, including the right to fair hearing, freedom of movement, and the presumption of innocence, as enshrined in Sections 6(6)(B), 35(1), 35(8), and 41-42 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and Articles 2(7)(b), 12, and 14 of the African Charter on Human and Peoples’ Rights.

In the ruling, Justice Maha issued a restraining order against the respondents, preventing them from impounding or confiscating vehicles or imposing fines, labeling these actions as wrongful, oppressive, and unlawful. The court granted a perpetual injunction to safeguard the rights of Nigerians, ensuring their freedom of movement and property ownership without unjustified interference.

The court emphasized that the Directorate of Road Traffic Services and its affiliates lack the authority to engage in actions against motorists, thereby reinforcing the fundamental rights of citizens.