Monday, November 4, 2024

Court bars VIO from confiscating vehicles, imposing fines over road traffic violations across Nigeria

The judgement, which followed a lawsuit by rights attorney Abubakar Marshal, significantly pruned the powers of one of the country’s most dreaded road traffic enforcers.

• October 3, 2024
VIO officials used to illustrate the story
VIO officials used to illustrate the story

The Abuja Division of the Federal High Court on Wednesday said the Directorate of Road Services (widely known as VIO) should immediately cease confiscating vehicles or imposing fines on Nigerians over road traffic violations. 

Justice Nkeonye Evelyn Maha said while delivering judgement in FHC/ABJ/CS/1695/2023 on October 2, 2024, that the notorious road traffic inspectorate was not legally equipped to seize vehicles or impose severe sanctions on motorists.

The judgement, which followed a lawsuit by rights attorney Abubakar Marshal of Falana and Falana Chambers, significantly pruned the powers of one of the country’s most dreaded road traffic enforcers and brought respite to millions of motorists across the country. 

The order did not apply to the Federal Road Safety Corps, which has operated for decades as the largest body of road traffic marshals in Nigeria.

In her judgement, Ms Maha said VIO officers “are not empowered by any law or statute to stop, impound, confiscate the vehicles of motorists and or impose fine on motorists.”

Subsequently, the judge entered an order of perpetual injunction restraining the VIO and its agents, privies, allies or anybody acting on its behalf from further violating the rights of Nigerians to freedom of movement, presumption of innocence and right to own property without lawful justification. 

It was not immediately clear whether or not the VIO will appeal the judgement, a spokesman for the directorate did not immediately return a request seeking comments about the ruling on Thursday afternoon.

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