NIGERIA: Appeal Court Upholds Judgment Stopping VIOs From Impounding Vehicles, Imposing Fines

By Ameenat Hamzat, Lagos, Nigeria yes

The Court of Appeal in Abuja has affirmed a Federal High Court judgment stopping the Directorate of Road Traffic Services (DRTS) and Vehicle Inspection Officers (VIOs) from impounding vehicles, stopping motorists, or imposing fines on road users.

A three-member panel of the appellate court delivered the unanimous decision on Thursday, holding that there was no lawful basis to overturn the earlier judgment delivered on October 16, 2024, by Justice Nkeonye Maha of the Federal High Court.

The appeal filed by the DRTS was dismissed for lacking merit, with the Court of Appeal upholding the position that VIO officials have no statutory powers to seize vehicles or punish motorists.

Justice Maha had ruled that no existing law empowers VIO personnel to “stop, impound, confiscate, seize, or impose fines on motorists,” a decision that followed a fundamental rights suit filed by public interest lawyer Abubakar Marshal.

Marshal had told the court that operatives of the VIO forcefully stopped him on December 12, 2023, at the Jabi District of Abuja and confiscated his vehicle without lawful justification.

He sought declarations that their actions were unlawful, oppressive, and a violation of his fundamental rights.

In her judgment, Justice Maha issued a perpetual injunction restraining the DRTS, its agents, and assigns from impounding vehicles or imposing fines, describing the actions as violations of the rights to freedom of movement, fair hearing, presumption of innocence, and the right to own property.

The court held that only a court of competent jurisdiction could impose sanctions or fines on motorists.

Marshal, represented by a legal team led by Senior Advocate of Nigeria Femi Falana, had asked for N500 million in damages. The court, however, awarded N2.5 million against the respondents, which include the DRTS, its Director, an Abuja Area Commander identified as Mr. Leo, a team leader, Mr. Solomon Onoja, and the Minister of the Federal Capital Territory.

Dissatisfied with the ruling, the respondents proceeded to the Court of Appeal, which has now dismissed the appeal and fully affirmed the lower court’s judgment.