VIO banned from stopping vehicles on roads

Appeal court upholds judgment restraining VIO from stopping, impounding vehicles in Abuja — Daily Nigerian

A Nigerian appeals court has upheld a lower court’s ruling that prohibits the Directorate of Road Traffic Services, also known as VIO, from stopping, impounding, or confiscating vehicles on the roads and imposing fines on motorists. The Court of Appeal in Abuja made the decision on Thursday, dismissing the appeal filed by the DRTS as unmeritorious.

The case originated from a lawsuit filed by Marshal Abubakar, an Abuja-based lawyer, who claimed that DRTS officials confiscated his Honda car without giving him a fair hearing. Abubakar sued the DRTS, the Director of Road Transport, the Area Commander, Jabi, the Team Leader, Jabi, and the Minister of the Federal Capital Territory. In a judgment delivered on October 2, 2024, Justice Evelyn Maha of the Federal High Court in Abuja ruled in favor of Abubakar, granting all the reliefs sought by the plaintiff.

Justice Maha held that no law empowers the DRTS to stop, impound, confiscate, or seize vehicles, or impose fines on motorists. She issued an order restraining the respondents from impounding, confiscating vehicles, or imposing fines on motorists, describing such actions as wrongful, oppressive, and unlawful. The judge also issued a perpetual injunction restraining the respondents from violating the rights of Nigerians to freedom of movement, presumption of innocence, and right to own property without lawful justification.

The DRTS appealed the judgment, but the Court of Appeal upheld the lower court’s decision. Delivering the judgment, Justice Oyejoju Oyewumi held that the appeal was without merit and awarded a cost of N1 million against the appellant in favor of the respondent, Abubakar. The Court of Appeal’s decision reinforces the principle that the DRTS does not have the authority to unilaterally stop, impound, or confiscate vehicles, or impose fines on motorists, and that such actions are a violation of the rights of Nigerian citizens.

The ruling has significant implications for motorists in Nigeria, who have long complained about the arbitrary actions of the DRTS. The decision is expected to provide relief to motorists who have been unfairly treated by the DRTS and to promote a more orderly and respectful approach to traffic management in the country. With the Court of Appeal’s decision, the DRTS will need to re-examine its practices and ensure that they are in line with the law and respect the rights of Nigerian citizens.

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