Appeal Judgment: VIO Heads to Supreme Court

The Vehicle Inspection Officers (VIO) of the Department of Road Traffic Services (DRTS) have announced plans to take their case to the Supreme Court after the Court of Appeal upheld a ruling that bars them from impounding vehicles or imposing fines on motorists.

The Abuja Division of the Court of Appeal on Thursday unanimously dismissed the VIO’s appeal against the Federal High Court judgment of October 16, 2024. Justice Oyejoju Oyewumi, delivering the lead judgment, stated that the appeal lacked merit, affirming that VIO officials have no legal authority to stop motorists, confiscate vehicles, or impose fines.

Speaking exclusively to The PUNCH, DRTS Acting Director Deborah Osho criticized the judgment, highlighting challenges in enforcing traffic regulations across the Federal Capital Territory. She described the growing disorder on major roads and stressed that without the ability to enforce penalties, traffic coordination suffers and fines totaling over N409 million remain unpaid.

The original case stemmed from a fundamental rights suit filed by public interest lawyer Abubakar Marshal. Marshal recounted being forcefully stopped at Jabi District in December 2023 and having his vehicle confiscated without lawful justification. Federal High Court Justice Nkeonye Maha ruled that such actions by VIO were unlawful and oppressive, violating constitutional rights to freedom of movement, fair hearing, and property ownership. The court awarded Marshal N2.5 million in damages and issued a perpetual injunction against further violations by the DRTS.

Despite this, the VIO’s appeal was rejected by the Court of Appeal, prompting the agency to escalate the matter to the Supreme Court. The case continues to spark debate over traffic enforcement powers and motorists’ rights in the nation’s capital.