Benson Odidika
Awka
An Abia State-based rights group, the Centre for Human Rights Advocacy and Wholesome Society (CEHRAWS) has hailed the unanimous decision by a three-member panel of the Court of Appeal, Abuja, affirming the ban against the Directorate of Road Traffic Services, also known as Vehicle Inspection Office (VIO) from impounding, confiscating, or imposing fine on motorists.
The ruling upheld an earlier ruling of the Federal High Court in Abuja, delivered on October 3, 2024, by Justice Nkeonye Maha, which held that the VIO and other defendants are not empowered by any law or statute to stop, impound, or confiscate motorists’ vehicles, nor to impose fines on them.
In its lead judgment, delivered by Justice Oyejoju Oyebiola Oyewumi, the Court held that the appeal brought by the Minister of FCT through his counsel, Joseph Daudu (SAN) and the VIO lacked merit.
The ruling confirms that VIO officers possess no legal authority under any extant law to stop, seize, impound, confiscate or fine motorists for alleged traffic offences, actions which the court found oppressive, unlawful and constituting a breach of fundamental rights.
The panel commended the steadfastness of human rights lawyer, Marshal Abubakar, in challenging the activities of the directorate and awarded the sum of N1 million in damages in his favour.
Reacting to the ruling, the Executive Director of the CEHRAWS, Comrade Chuka Okoye warned against any action that is in contempt of the court’s decision, reminding all VIO operatives across Nigeria, and especially those on the roads of Aba, Abia State, that their enforcement tactics have been declared null and void.
“Continuation of road-blocks, random vehicle stops, impounding or confiscation of vehicles, or imposition of fines under the guise of traffic enforcement amounts to unlawful harassment and will be regarded as an abuse of civil and human rights,” he said.
Okoye called on the government of Abia State, relevant law enforcement agencies, and security authorities to take immediate cognisance of the binding court ruling, and suspend all VIO’s activities forthwith in Abia, pending a review of their legal mandate.
He urged enforcement agents to desist from collaborating with or facilitating VIO operations to avoid complicity in rights violations.
Okoye continued, “To motorists in Abia State and across Nigeria, you have a court-backed right to freedom of movement, presumption of innocence, property ownership, and protection from unlawful seizure. Should any VIO official attempt to detain, impound, or fine your vehicle, you are encouraged to demand lawful justification and, where violated, seek legal redress.
“To media, civil society, and human rights stakeholders, we call on you to amplify and publicise this ruling widely, to ensure Nigerians are aware of their rights and to deter further abuse by illegal enforcement agents.
“CEHRAWS affirms that this judgment represents a major victory for the rule of law and civil liberties in Nigeria. We commit to monitoring compliance and will not hesitate to support victims of VIO harassment in seeking justice.”
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