The Court of Appeal in Abuja has affirmed the October 4, 2024 judgment of a Federal High Court in Abuja barring the Directorate of Road Traffic Services (popularly called VIO) from further stopping, impounding, or confiscating vehicles on the road and imposing fines on motorists.
In a judgment on Thursday, a three-member panel of the appellate court resolved the three issues identified for determination against the appellant, the Directorate of Road Traffic Services.
Justice Oyejoju Oyebiola Oyewumi, who delivered the lead judgment, held that the appeal was without merit. She awarded a cost of N1million against the appellant and in favour of the respondent, a rights activist and public interest attorney, Abubakar Marshal.
Previously, the Abuja Division of the Federal High Court had ruled that the Directorate of Road Services (widely known as VIO) should cease confiscating vehicles or imposing fines on Nigerians over road traffic violations.
Justice Nkeonye Evelyn Maha said while delivering judgment in FHC/ABJ/CS/1695/2023 on October 2, 2024, that the notorious road traffic inspectorate was not legally equipped to seize vehicles or impose severe sanctions on motorists.
The judgment, which followed a lawsuit by rights attorney Mr Marshal of Falana and Falana Chambers, significantly pruned the powers of one of the country’s most dreaded road traffic enforcers and brought respite to millions of motorists across the country.
The order did not apply to the Federal Road Safety Corps, which has operated for decades as the largest body of road traffic marshals in Nigeria.
In her judgment, Ms Maha said VIO officers “are not empowered by any law or statute to stop, impound, confiscate the vehicles of motorists and or impose fine on motorists.”
Subsequently, the judge entered an order of perpetual injunction restraining the VIO and its agents, privies, allies or anybody acting on its behalf from further violating the rights of Nigerians to freedom of movement, presumption of innocence and right to own property without lawful justification.
