VIO Loses Appeal, Court Affirms Ban on Vehicle Seizures, Fines
The Court of Appeal in Abuja on Thursday upheld a landmark ruling that prohibits the Directorate of Road Traffic Services (VIO) from stopping, impounding, or fining motorists on Nigerian roads.
A three-member panel of the appellate court dismissed an appeal filed by the VIO as lacking in merit. Justice Oyejoju Oyewumi, who delivered the lead judgment, awarded costs of ₦1 million against the VIO and in favor of rights activist and lawyer Abubakar Marshal.
The decision affirms the October 2024 judgment of Justice Nkeonye Maha of the Federal High Court, Abuja, which declared that no law empowers the VIO to confiscate vehicles or impose fines on motorists for traffic violations.
The case originated from a fundamental rights suit filed by Marshal after his vehicle was seized by VIO officials in Abuja’s Jabi District in December 2023 without lawful justification.
In her ruling, Justice Maha held that only a court of competent jurisdiction has the power to sanction motorists for legal breaches. She stated that the VIO’s actions violated constitutional rights to freedom of movement, presumption of innocence, and property ownership as guaranteed under Sections 36, 41, and 42 of the 1999 Constitution and relevant articles of the African Charter on Human and Peoples’ Rights.
The court issued a perpetual injunction restraining the VIO—along with its agents, privies, and assigns—from further infringing on the rights of motorists. Although Marshal’s legal team, led by Femi Falana, SAN, sought ₦500 million in damages and a published apology, the court awarded him ₦2.5 million in compensation.
Other parties named in the suit included the VIO Director, its Abuja Area Commander, a team leader, and the Minister of the Federal Capital Territory. Dissatisfied with the High Court’s decision, the VIO appealed, leading to Thursday’s dismissal by the Court of Appeal.
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