In a significant legal ruling, the Federal High Court in Abuja has issued an order preventing the Directorate of Road Traffic Services, also known as the Vehicle Inspection Office (VIO), from stopping vehicles, impounding them, or imposing fines on motorists. The court’s decision, delivered by Justice Evelyn Maha on October 2, 2024, has sparked widespread attention as it limits the powers of the VIO, a body often criticized for overstepping its legal boundaries.
The judgement was made in response to a fundamental rights enforcement suit (FHC/ABJ/CS/1695/2023) filed by human rights lawyer Abubakar Marshal of Falana & Falana Chambers. In the suit, Marshal challenged the legality of the VIO’s practices, which he argued were oppressive and unlawful.
The Court’s Ruling
Justice Maha upheld Marshal’s argument, declaring that neither the VIO nor the FCT Director of Road Transport, along with their agents, have the legal authority to stop, seize, or impose fines on vehicles. The court ruled that these actions violated motorists’ rights and were not backed by any existing law.
As part of the ruling, the court issued a perpetual injunction against the VIO, restraining the agency and other relevant FCT authorities from engaging in these practices. According to the judgement, the VIO’s actions infringed upon fundamental rights, including freedom of movement, the presumption of innocence, and the right to own property without interference.
“This is a clear case of unlawful conduct. The agencies involved do not have the legal power to stop or impound vehicles, and their actions have been oppressive,” the judge stated.
A Continuation of Judicial Scrutiny on VIO Powers
This ruling is not the first time the powers of the VIO have been legally challenged. In March 2021, the Court of Appeal in Asaba, Delta State, nullified the authority of the Delta State Government, through its VIOs, to demand roadworthiness certificates from private vehicle owners. In that case, the court determined that the VIO had overstepped its legal mandate by stopping vehicles and using aggressive tactics to enforce roadworthiness requirements.
Delivering the lead judgement in the Asaba case, Justice Joseph Eyo Ekanem of the Court of Appeal noted, “The Vehicle Inspection Officers (VIOs) went beyond the powers vested in them by the law, using violent tactics to enforce compliance from private vehicle owners who were not even required to possess the certificates in question.”
Implications for Motorists and Enforcement Authorities
The Abuja court ruling has been hailed as a victory for motorists who have long complained about what they describe as the overreach of the VIO and similar agencies. The decision underscores the need for regulatory agencies to operate within the confines of the law and protect citizens’ rights.
For motorists, this ruling could offer much-needed relief from arbitrary fines and impoundments, often criticized as exploitative and without due process. For the VIO and other enforcement agencies, this judgement serves as a stark reminder to respect legal limits and the rights of citizens.
As this case marks the latest in a string of judicial interventions curtailing the excesses of traffic enforcement agencies, it may pave the way for further scrutiny of the practices of such bodies nationwide.
A Call for Reform
The decision has sparked renewed calls for the government to reform the nation’s traffic enforcement system to ensure transparency, accountability, and adherence to the rule of law. Critics argue that while the VIO plays an important role in road safety, its powers need to be clearly defined and regulated to prevent abuse.
The ruling is expected to have a ripple effect across the country as other states examine their own traffic enforcement policies in light of the court’s decision.
With this judgement, motorists in Abuja and across Nigeria can now expect greater protection from unlawful stops and fines, while agencies like the VIO will need to rethink their approach to enforcement in order to align with the law.
