The Abuja Division of the Federal High Court has delivered a landmark ruling restraining the Directorate of Road Services, popularly known as Vehicle Inspection Officers (VIO), from confiscating vehicles or imposing fines on Nigerian motorists for road traffic violations. The court’s decision, issued on October 2, 2024, offers a significant reprieve to millions of Nigerian drivers who have long faced heavy-handed enforcement from the notorious traffic inspection body.
Presiding over the case, Justice Nkeonye Evelyn Maha ruled in favor of the plaintiffs, who had argued that the VIO lacked the legal authority to impose severe sanctions or impound vehicles. In her judgment, delivered in the case with reference number FHC/ABJ/CS/1695/2023, the judge stated categorically that the VIO “is not empowered by any law or statute to stop, impound, confiscate the vehicles of motorists and/or impose fines on motorists.”
The lawsuit, filed by human rights attorney Abubakar Marshal of Falana and Falana Chambers, questioned the legal basis of VIO’s enforcement practices. Marshal argued that the actions of the VIO violated fundamental human rights, particularly the right to freedom of movement, the presumption of innocence, and the right to own property without unlawful interference. Justice Maha agreed with this submission, leading to a ruling that significantly curtailed the powers of one of Nigeria’s most feared road traffic enforcement agencies.
As part of her judgment, Justice Maha issued an order of perpetual injunction against the VIO, preventing the agency, its agents, privies, or any affiliates from further infringing upon the rights of Nigerian motorists. The ruling essentially stripped the VIO of any legal standing to enforce traffic laws by seizing vehicles or imposing fines, actions that have for years sparked outrage among motorists.
The implications of this ruling are far-reaching. For many Nigerian drivers, the VIO had come to symbolize harsh and often arbitrary enforcement of road traffic laws, with numerous reports of motorists’ vehicles being impounded for minor infractions or under dubious circumstances. The court’s decision is seen as a victory for the rights of motorists, affirming that no enforcement agency can overstep its legal boundaries.
While the ruling has brought relief to millions, it is important to note that it does not affect the Federal Road Safety Corps (FRSC), which remains the primary body authorized to enforce road safety and traffic laws in Nigeria. The FRSC has operated for decades as the largest and most structured road traffic enforcement agency, and its authority was not in question during these proceedings.
Despite the clear-cut nature of the ruling, it remains uncertain how the VIO will respond. As of Thursday afternoon, a spokesman for the agency had not issued any public comments or statements on whether they would comply with the court order. However, any disregard for the ruling could open the VIO to further legal challenges or sanctions.