KEY POINTS
- The Court determines that VIO is not allowed to pull over, seize, or fine cars.
- A perpetual injunction is issued by Justice Maha to defend the rights of drivers.
- The ruling emphasizes how VIO’s activities have no legal justification.
The Directorate of Road Traffic Services, also referred to as the Vehicle Inspection Office (VIO), has been declared ineligible to stop, impounded, or seize vehicles on the road by a Federal High Court in Abuja. The court also made it illegal for VIO representatives to fine drivers by prohibiting them from doing so.
Court ruling restricts VIO activities
The verdict was delivered by Justice Evelyn Maha following a fundamental rights enforcement suit brought by human rights lawyer Abubakar Marshal. The case contested the legitimacy of VIO authorities’ actions, such as pulling over, impounded, and fining cars without the necessary legal support.
Justice Maha concurred in the ruling with the applicant’s claims that the VIO lacked a legal justification for taking such measures. She declared that their actions violated Nigerian drivers’ rights, especially the right to a fair trial, their freedom of movement, and the presumption of innocence, and that they were not authorized by law.
The Directorate of Road Traffic Services and a number of its employees were named as respondents in the complaint, which was filed under the case number FHC/ABJ/CS/1695/2023. The complaint also named the Federal Capital Territory’s Minister, indicating the systemic nature of the problem.
Injunctions to defend the rights of drivers
One of the permanent injunctions against the VIO and its officials was part of Justice Maha’s ruling. This injunction bars them from further impounding automobiles or imposing fines on motorists. According to Punch, the court stressed that such acts infringed upon persons’ fundamental rights and were not only improper but also oppressive.
The court said: “The 1st to 4th respondents, under the control of the 5th respondent, are not empowered by any law or statute to stop, impound, or confiscate vehicles or impose fines.” The court emphasized that it would be a violation of this court order for any VIO agents or representatives to attempt to violate Nigerians’ rights in the future.
In addition, Justice Maha urged respect for the law, stressing how crucial it is to defend every Nigerian’s right to privacy and the assumption of innocent until proven guilty.
Consequences for drivers
The court’s ruling offers Abuja drivers, who frequently faced fines and vehicle seizures with no other options, a substantial reprieve. In addition to stopping VIO officers from acting arbitrarily, the decision emphasizes the necessity of accountability in law enforcement procedures.
The ruling also emphasized the larger legal background, declaring that the laws of Nigeria do not give VIO personnel the authority to behave in the manner that they have. The judge emphasized that these actions have unfairly burdened citizens and violated the rights of drivers.
The court’s perpetual order, which essentially takes away the VIO’s ability to seize vehicles, represents a significant shift in the way Abuja polices traffic violations. The case also illustrates an increasing readiness of Nigerian courts to protect civilians against the abuse of authority.
