BREAKING: Court Bars VIO from Confiscating Vehicle, Fining Motorists, Gives Reasons

BREAKING: Court Bars VIO from Confiscating Vehicle, Fining Motorists, Gives Reasons

  • A Federal High Court ruling by Justice Evelyn Maha on October 2 prohibits the Vehicle Inspection Office (VIO) from stopping
  • The ruling stems from a suit filed by human rights lawyer Abubakar Marshal, who challenged the legality of the VIO’s practices
  • The court granted a perpetual injunction against VIO practices, protecting motorists' rights to freedom of movement

A Federal High Court in Abuja has delivered a decisive ruling prohibiting the Vehicle Inspection Office (VIO) from stopping, impounding vehicles, or imposing fines on motorists, marking a significant shift in road traffic enforcement in Nigeria.

Details on Court’s ruling on VIO Powers

Court takes decision on operations of VIO
Court bars VIO from vehicle confiscation, others Photo credit: @NigeriaStories/Nurphotos
Source: Twitter

The judgment, handed down on October 2 by Justice Evelyn Maha, arose from a fundamental rights enforcement suit (FHC/ABJ/CS/1695/2023) brought by human rights lawyer and public interest advocate Abubakar Marshal.

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Marshal’s legal challenge questioned the legality of the VIO's actions in stopping and fining motorists on the roads, Nigerian Tribune reported

In her ruling, Justice Maha declared that the VIO and its officials have no legal backing to stop, impound, or confiscate vehicles, nor do they possess the authority to impose fines on motorists.

Court: No Legal basis for VIO’s actions

Justice Maha’s judgment was clear and firm. She stated,

“The actions of the first to fourth respondents, under the control of the fifth respondent, are not empowered by any law or statute to stop, impound, or confiscate the vehicles of motorists or impose fines on them.”

The ruling extends to several high-ranking officials of the Directorate of Road Traffic Services, including the Director of Road Transport, the Area Commander in Jabi, and the Team Leader in Jabi, The Punch reported.

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The Minister of the Federal Capital Territory (FCT) was also listed as a respondent in the case.

In addition to declaring the VIO's actions unlawful, the court issued a restraining order preventing the respondents and their agents from continuing these practices.

Labelling the VIO’s actions as "wrongful, oppressive, and unlawful," Justice Maha also granted a perpetual injunction to safeguard the rights of Nigerian motorists.

She emphasized that this ruling upholds the fundamental freedoms of movement, the presumption of innocence, and the right to own property without undue interference from law enforcement agencies.

She added:

“Nigerians must enjoy their constitutional rights without unlawful encroachments."

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Source: Legit.ng

Authors:
Ezra Ukanwa avatar

Ezra Ukanwa (Editor) Ezra Ukanwa is a first-class graduate of Anchor University, Lagos. He holds a master's degree in mass communication. Ezra currently serves as the Current Affairs and Politics Editor for Legit.ng, where he covers events and provides insightful analysis and reportage on national issues. He was named best Campus Journalist (Anchor University Communications Award, 2019). Kindly contact him at: ezra.ukanwa@corp.legit.ng or +2349036989944