The Vehicle Inspection Officers (VIO), under the Department of Road Traffic Services (DRTS), have confirmed they will appeal to the Supreme Court after the Court of Appeal upheld a ruling barring them from impounding vehicles or fining motorists.
Acting DRTS Director Deborah Osho, speaking on Friday, expressed concern over rising “lawlessness” in Abuja following the appellate court’s decision.
“The ruling makes enforcement extremely difficult. Have you seen Airport Road? It’s practically turned into a one-way. We cannot impound vehicles or impose fines, and even issuing tickets doesn’t help, people just refuse to pay. What else can we do?” Osho lamented.
She added that offenders currently owe over N409 million in unpaid fines and stressed that traffic management is nearly impossible without strict enforcement.
“Even when we issue tickets instead of impounding vehicles, many refuse to settle. Effective traffic coordination anywhere in the world relies on enforcement,” she said.
The Court of Appeal, Abuja Division, on Thursday dismissed the VIO’s appeal against the October 16, 2024, Federal High Court ruling, describing the challenge as lacking merit.
The three-member panel, led by Justice Oyejoju Oyewumi, unanimously upheld the lower court’s decision, which prohibited VIO operatives from harassing motorists.
The original case stemmed from a fundamental rights suit, FHC/ABJ/CS/1695/2023, filed by public interest lawyer Abubakar Marshal.
Marshal claimed that VIO officials had unlawfully stopped him at Jabi District on December 12, 2023, and impounded his vehicle.
Federal High Court Justice Nkeonye Maha ruled in favor of Marshal, declaring that VIO lacked the statutory authority to stop, confiscate, or fine motorists.
She emphasized that such actions violated constitutional protections, including freedom of movement, presumption of innocence, and the right to own property.
The court also issued a perpetual injunction preventing further violations and awarded N2.5 million in damages.
Marshal, represented by Femi Falana (SAN) and his legal team, had originally sought N500 million in damages and a public apology in three national newspapers.
The respondents in the case included the DRTS, its Director, the Abuja Area Commander, the team leader, and the Minister of the Federal Capital Territory.
Dissatisfied with the outcome, they filed an appeal, which the Court of Appeal has now dismissed.
Osho reiterated that the VIO would continue the fight at the Supreme Court, arguing that enforcement powers are essential to maintaining order on Abuja’s roads.
