On Wednesday October 2, 2024, a Federal High Court sitting in Abuja made an order restraining the Directorate of Road Traffic Services popularly known as VIO from impounding, confiscating or imposing fine on any motorists over alleged road infractions.
Justice Nkeonye Evelyn Maha made the order while delivering judgement in a fundamental rights suit filed by rights activist and public interest lawyer, Marshal Abubakar Marshal.
Justice Maha in the judgement agreed with the applicant that there is no law empowering the respondents to stop, impound, confiscate, seize or impose fine on motorists.
Abubakar had dragged the Directorate of Road Traffic Services and four others to court over the powers of the defendants to impound vehicles of motorists and fine them for alleged breach amongst others.
Delivering judgement in the suit marked: FHC/ABJ/CS/1695/2023, the judge held that the 1st (Directorate of Road Traffic Services) to 4th respondents under the control of the 5th respondent (Minister of the Federal Capital Territory) are not empowered by any law or statute to stop, impound, confiscate the vehicles of motorists and or impose fine on motorists.
The judge also made another order restraining the 1st to 4th respondents either through their agents, servants and or assigns from impounding, confiscating the vehicle of motorists and or imposing fine on any motorist as doing so is wrongful, oppressive and unlawful by themselves.
In addition, Justice Maha made an order of perpetual injunction restraining the respondents whether by themselves, agents, privies, allies or anybody acting on behalf of the 1st Respondent from further violating the rights of Nigerians to freedom of movement, presumption of innocence and right to own property without lawful justification.
In March 2024, the Asaba Division of the Court of Appeal had ruled that payment of levy and issuance of Road Worthiness Certificate to private vehicles was illegal, warning that the state government “must not abuse” its powers.
The ruling was an affirmation of the judgment of the High Court in the Ughelli area of the state.
While delivering his judgement in appeal NO: CA/B/333/2017, Justice Joseph Ekanem had stated that he found no merit in the appeal and therefore affirmed the decision of the trial court.
The court stated that the Vehicle Inspection Officers lack the powers to stop a private vehicle on the highway to demand a certificate of roadworthiness.
The Appeal Court further awarded the cost of N200, 000 against the Appellants.
It has been argued severally that it is an infringement on the constitutional rights to liberty of movement for Vehicle Inspection Officers to stop drivers of both commercial and private vehicles because of vehicle particulars.
It is also hazardous for members of the Federal Road Safety Commission to be competing with the Nigeria Police Force on the road in the alleged extortion of members of the public.
The Federal High Court in Abuja, the High Court of Delta State and the Court of Appeal are so emphatic that VIOs have no right to stop any vehicle (including commercial vehicles) on the roads, as doing so amounts to infraction of the driver’s constitutional right to freedom of movement.
There is no law that authorises VIOs to be on the roads to do their business because they are not security men.
Their works are to be done at their offices or workshops when vehicles are brought to them for inspection.
Unfortunately, the VIOs now spend most of their work time on the roads setting up roadblocks and constituting nuisance.
The regularity of VIOs on public roads is illegal and any person who is stopped by them just for the purpose of asking for any documentation has the right to seek redress in court.
There is a reason why there is a law to enable us conduct our affairs within known and accepted boundaries, and to also curtail the excesses of government and its officials so that they don’t trample on the rights of Nigerians.
“Impunity amongst government officials is rampant. Most of the VIO personnel are not even competent and know nothing about traffic rules. It is an unsafe act for both the FRSC and VIO personnel to be on a public road and convert the roads to business centres.”
The issue of private vehicles not legally bound to possess roadworthiness certificate has been settled in the concurring decisions of the Federal High Court, the High Court of Delta State and the Court of Appeal.
The Court of Appeal clearly stated that private vehicles are not expressly listed amongst the vehicles that must possess road worthiness certificates.
The court interpreted the provisions of the Road Traffic Law of Delta State, which is in pari materia with that of most of the states in Nigeria.
Motorists that are being harassed by the VIOs may be ignorant of the decisions of the courts and should seek legal advice from their lawyers. It is sad that some of the VIOs are on the roads only to extort money from motorists.
They have no legal authority or business being on the road except where it is an accident scene.
Impunity amongst government officials is rampant. Most of the VIO personnel are not even competent and know nothing about traffic rules.
It is an unsafe act for both the FRSC and VIO personnel to be on a public road and convert the roads to business centres.
If truly they have been doing their jobs effectively, we would not be seeing rickety vehicles on our roads but they extort them and let them go. To check the excesses of the VIOs will require a collective effort of all. VIO personnel are a menace on our roads.
