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Appeal Court Upholds Ruling Banning VIOs from Stopping or Fining Motorists

 

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

In a unanimous decision on Thursday, a three-member panel held that there was no reason to overturn the Federal High Court’s ruling of October 16, 2024, which prohibited VIO officials from harassing motorists. Justice Oyejoju Oyewumi delivered the lead judgment, dismissing the appeal filed by the VIO for lacking merit.

The earlier ruling by Justice Nkeonye Maha followed a fundamental rights suit filed by public interest lawyer Abubakar Marshal, who told the court that VIO operatives forcefully stopped him at Jabi on December 12, 2023, and confiscated his vehicle without lawful grounds.

Justice Maha ruled that no law empowers VIO officials to stop, seize, impound, or impose fines on motorists. She described such actions as unlawful, oppressive, and a violation of constitutional rights. The court also issued a perpetual injunction restraining the DRTS and its agents from further infringing on citizens’ rights to freedom of movement, presumption of innocence, fair hearing, and property ownership.

Marshal had sought N500 million in damages and a public apology, but the court awarded N2.5 million instead.

The respondents — including the DRTS, its Director, the Abuja Area Commander, team leader Mr. Solomon Onoja, and the Minister of the Federal Capital Territory — appealed the decision, but the Court of Appeal on Thursday dismissed the appeal and upheld the lower court’s judgment.

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