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By Lizzy Chirkpi
The Court of Appeal in Abuja has upheld an earlier judgment of the Federal High Court which barred the Directorate of Road Traffic Services (DRTS), popularly known as the Vehicle Inspection Office (VIO), from stopping vehicles, impounding them, or imposing fines on motorists within the Federal Capital Territory (FCT).
Delivering the judgment on Thursday, Justice Oyejoju Oyebiola Oyewumi dismissed the appeal filed by the VIO, describing it as unmeritorious.
“I find no iota of merit in this appeal; the decision of the lower court is hereby affirmed,” Justice Oyewumi ruled.
She further held: “Cost of N1 million is awarded against the appellant.”
The appellate court’s ruling reaffirmed the 2024 judgment of Justice Evelyn Maha of the Federal High Court, who had declared that officers of the VIO lacked the legal authority to stop vehicles, impound them, or issue fines to motorists. The case was filed by rights advocate and public interest lawyer, Mr. Abubakar Marshal.
Justice Maha held that the Director of Road Transport, the Area Commander Jabi, the Team Leader Jabi, and the Minister of the Federal Capital Territory all listed as respondents were not legally empowered by any statute to carry out such enforcement actions.
She had therefore issued a perpetual injunction restraining the respondents, their agents and assignees from further impounding vehicles or imposing fines on motorists within the FCT.
According to her ruling, such actions violate constitutional rights including freedom of movement, the presumption of innocence, and the right to own property.
The judge described the conduct of the VIO as “wrongful, oppressive and unlawful,” stressing that no authority can penalise motorists without clear legislative backing.
Despite appealing the decision, the VIO failed to convince the appellate court, resulting in a complete dismissal of its case and a N1 million penalty.