The Federal High Court in Abuja has ruled that the Directorate of Road Traffic Services (VIO) and Vehicle Inspection Officers (VIO) have no legal authority to confiscate vehicles or impose fines on motorists. This judgement was delivered by Justice Nkeonye Maha, marking a significant win for motorists across Nigeria.
The ruling was the result of a legal challenge filed by a public interest lawyer, Mr. Abubakar Marshal, in a case marked: FHC/ABJ/CS/1695/2023. Mr. Marshal raised concerns about the actions of the VIO, arguing that these practices were unlawful and oppressive. Justice Maha, while delivering the judgement, stated clearly that no existing law grants VIO officers the power to stop, seize, or confiscate vehicles, or to issue fines to motorists for traffic violations.
In her judgement, Justice Maha emphasized that the actions of the VIO were not only illegal but also violated the fundamental rights of citizens. She stated, “only a court of competent jurisdiction could impose a fine or sanction any motorist who was found to have acted in breach of any extant law.” This means that only a legally recognized court has the authority to punish traffic offenders, not the VIO.
The court also issued a perpetual injunction against the Directorate of Road Traffic Services, restraining them and their agents from further stopping, impounding, or confiscating vehicles without lawful justification. Additionally, the judgement protects the rights of Nigerians to freedom of movement, presumption of innocence, and the right to own property.
The ruling was directed not only at the VIO but also at other government agencies under the control of the Minister of the Federal Capital Territory (FCT). These agencies were told to refrain from enforcing traffic laws by seizing vehicles or imposing fines without a court’s involvement.
