Appeal Court upholds judgment stopping VIOs from Harassing Motorists, impounding vehicles and imposing fines.
The Court of Appeal in Abuja has reaffirmed a Federal High Court ruling preventing the Directorate of Road Traffic Services (DRTS) and Vehicle Inspection Officers (VIO) from stopping motorists, confiscating vehicles, or imposing fines on road users.
Ejes Gist News reports that in a unanimous decision delivered on Thursday, a three-member panel dismissed the VIO’s appeal for lacking merit. The Court of Appeal held that there was no reason to overturn the Federal High Court judgment of October 16, 2024, which safeguarded motorists’ rights against unlawful VIO actions.
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Background: VIO Harassment and the Fundamental Rights Suit
The case originated from a fundamental rights suit marked FHC/ABJ/CS/1695/2023, filed by public interest lawyer Abubakar Marshal.
Key points of the suit include:
- On December 12, 2023, Marshal was stopped by VIO operatives at Jabi District.
- His vehicle was confiscated without lawful justification.
- Marshal argued that the VIO actions were wrongful, oppressive, unlawful, and violated his fundamental rights.
Justice Nkeonye Maha of the Federal High Court initially ruled that no law empowers VIO officials to stop, impound, seize, or fine motorists.
Court of Appeal Upholds Motorist Protection
The appellate court’s ruling reinforces the rights of motorists and clarifies the limits of VIO authority:
- VIO officials cannot stop vehicles without legal backing.
- Confiscation or impounding of vehicles by VIO is unlawful.
- Imposition of fines by VIO officers is prohibited unless explicitly supported by law.
Justice Oyejoju Oyewumi, delivering the lead judgment, emphasized that the appeal by the VIO was without merit, affirming the lower court’s position that harassment of motorists is illegal.
Implications for Motorists in Nigeria
This ruling has significant consequences for road users across the country:
- Protection from arbitrary stops: Motorists can no longer be stopped by VIO officials without legal justification.
- End of unlawful vehicle confiscation: Any vehicle impounded without lawful reason is considered an infringement on individual rights.
- Limits on VIO enforcement powers: The decision sets a clear precedent for the legal boundaries of VIO authority.
Legal experts say the ruling reinforces the principle that law enforcement must operate within the law and cannot harass or oppress citizens under the guise of traffic control.
What This Means for Public Road Safety Enforcement
While the ruling restricts certain powers of VIO officials, it does not absolve motorists of following road safety rules. Proper enforcement by the DRTS and other authorized agencies must now comply strictly with existing traffic laws.
Motorists are encouraged to report any unlawful stops, confiscation, or fines to the appropriate legal authorities.
Ejes Gist News gathered that the Court of Appeal decision marks a landmark victory for motorists’ rights in Nigeria, ensuring that agencies like the VIO operate strictly within their legal remit.
