JUST IN: APPEAL COURT DECLARES VIO ILLEGAL IN NIGERIA, AWARDS N1 MILLION TO ABUJA MOTORIST | #RWGBLOG

The Court of Appeal sitting in Abuja on Thursday upheld the judgment that barred the Directorate of Road Traffic Services and its Vehicle Inspection Officers (VIO) from confiscating vehicles or imposing fines on motorists.

In a unanimous decision delivered by Justice Oyejoju Oyewumi on behalf of the three-member panel of justices, the appellate court affirmed the October 16, 2024, ruling of the Federal High Court, which restrained the VIO from harassing motorists on the roads.

The court consequently dismissed the appeal filed by the VIO for lacking merit.

It will be recalled that Justice Nkeonye Maha of the Federal High Court had earlier declared that no law empowers the VIO to stop, impound, confiscate vehicles or impose fines on motorists for any traffic-related violation.

The ruling followed a fundamental rights enforcement suit marked FHC/ABJ/CS/1695/2023, instituted by a public interest lawyer, Abubakar Marshal.

The applicant had told the court that he was forcefully stopped by VIO officials at Jabi District in Abuja on December 12, 2023, after which his vehicle was confiscated without lawful justification.

He had asked the court to determine whether the actions of the VIO officials were not wrongful, oppressive, unlawful and a gross violation of his fundamental human rights.

The court also issued an order of perpetual injunction restraining the respondents from further violating the fundamental rights of Nigerians to freedom of movement, presumption of innocence and the right to own property without lawful justification.

Justice Maha further held that only a court of competent jurisdiction has the authority to impose fines or sanctions on any motorist found to have breached any law.

The court ruled that the respondents breached the applicant’s right to own property as guaranteed under Section 42 of the 1999 Constitution (as amended) and Article 14 of the African Charter on Human and Peoples’ Rights.

It further held that the VIO and other respondents lacked the statutory powers to impound or confiscate vehicles or impose fines, noting that such actions violated the fundamental rights of motorists to fair hearing, freedom of movement and presumption of innocence under Sections 6(6)(b), 36(1), (8) and (12), and 41 & 42 of the Constitution, as well as Articles 2, 7(3), 12 and 14 of the African Charter.

Although the applicant, through his legal team led by Femi Falana, a Senior Advocate of Nigeria, demanded N500m as general and aggravated damages and a public apology in three national dailies, the court awarded him N2.5m as damages.

Listed as respondents in the suit were the Directorate of Road Traffic Services, the Director of the agency, its Abuja Area Commander as of December 12, 2023, identified simply as Mr. Leo, the team leader, Mr. Solomon Onoja, and the Minister of the Federal Capital Territory.

Dissatisfied with the judgment, the respondents appealed the decision, but the Court of Appeal on Thursday dismissed the appeal in its entirety.