December 04, (THEWILL) — The Court of Appeal in Abuja has nullified the powers of the Directorate of Road Traffic Services (DRTS), popularly known as the Vehicle Inspection Office (VIO), to stop motorists, impound vehicles or impose fines—affirming that the agency lacks legal authority to carry out such enforcement duties.
In a unanimous judgment delivered on Thursday, a three-member panel of the appellate court dismissed the VIO’s appeal and upheld the October 16, 2024 decision of the Federal High Court.
Justice Oyejoju Oyewumi, who delivered the lead judgment, held that VIO officers have no statutory mandate to penalise, arrest or harass motorists under any guise.
The case stemmed from a fundamental rights enforcement suit filed by public interest lawyer Abubakar Marshal, who testified that VIO officials forcibly seized his vehicle in December 2023 at Jabi District, Abuja, without lawful reason.
In her earlier judgment, Justice Nkeonye Maha ruled that the VIO lacked constitutional authority to impound vehicles or impose fines, describing the agency’s actions as “unlawful and oppressive.”
The Federal High Court further held that the VIO’s conduct violated Marshal’s rights to property, movement, fair hearing and the presumption of innocence as guaranteed under Sections 6, 36, 41 and 42 of the 1999 Constitution (as amended), as well as Articles 2, 7, 12 and 14 of the African Charter on Human and Peoples’ Rights.
Although Marshal sought N500 million in damages and a public apology, the court awarded him N2.5 million as compensation.
Respondents in the suit included the DRTS, its Director, the then Abuja Area Commander, team leader Solomon Onoja, and the Minister of the Federal Capital Territory.
Their appeal was dismissed on Thursday, reinforcing judicial limits on the enforcement powers of the VIO within the Federal Capital Territory.
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