VIO's Powers Curtailed: Court Blocks Agency from Stopping or Seizing Vehicles

In a landmark judgment, the Federal High Court in Abuja has barred the Directorate of Road Traffic Services (Vehicle Inspection Officers, VIO) and other agencies from stopping, impounding, or confiscating vehicles on Nigerian roads. Justice Evelyn Maha ruled that agency has no legal authority to impose fines or seize vehicles, a decision seen as a significant blow to road traffic agencies in the Federal Capital Territory (FCT).

The judgment came after a fundamental rights enforcement suit (FHC/ABJ/CS/1695/2023) filed by human rights lawyer Abubakar Marshal, who argued that the actions of VIO and other traffic enforcement agencies violated motorists' fundamental rights to movement and property. The court upheld Marshal's case, ruling that the VIO's practice of stopping vehicles, imposing fines, and confiscating them was not backed by law, and constituted wrongful and oppressive conduct.

This decision affects not only the agency but also the Director of Road Transport, Area Commander, and Team Leader, Jabi, as well as the Minister of the Federal Capital Territory, who were listed as respondents in the case. Justice Maha emphasized that there is no legal framework granting these agencies the authority to engage in such practices, ordering them to cease all such actions immediately.

The Vehicle Inspection Officers (VIO), an agency responsible for road safety and vehicle certification, is widely known for conducting roadworthiness checks, issuing vehicle permits, and ensuring that cars comply with traffic laws. However, this judgment curtails its powers, particularly in areas related to vehicle confiscation and fines. The ruling underscores the importance of adhering to lawful procedures, and marks a turning point in the fight against what many have described as oppressive practices by traffic agencies in the country.

The court further issued an order of perpetual injunction, restraining the respondents and their agents from violating Nigerians' rights to freedom of movement, presumption of innocence, and property ownership.